Laiv  Reports — Criminal  Caifse. 
THE  GREAT 

RAPE    CASE. 


A  complete  History  of  the  Remarkable 
Charge  of  Rape  against 

.] .  D.  WEAVER : 

WITH  THE 

Verbatim  Report  of  the  Testimony  of 
CATHARINE  E.  LAHENNY 

AND 

SARAH  McNJEIL. 


0}«<Oe 


NEW-ORLEANS  : 
J-  XJ  Hj  "Sr  ,     1861. 

M * 


THE  GREAT  WEAVER  RAPE  dASE. 


Ic^ince  tlie  days  when  Adam  au<l  Eve  helil  blissful  court  among  the  bowers  of 
Eden,  good  and  evil  have  occupied  a  conspioiious  place  iu  this  world  of  o»irs. 
The  tree  of  knowledge  bore  two  distinct  classes  of  fruit  which  have  ever  con- 
fronted each  other  as  a  relief  and  contrast.  No  human  being  i^  wholly  good,  and 
none  is  Trholly  evil,  but  between  our  highest  and  lowest  types  there  is  a  wide, 
wide  plain  of  social,  moral  and  intellectual  difference — a  plain,  at  one  extremity 
of  which  arc  the  pleasant  places  of  brotherly  regard,  and  at  th(>  orlicr  tlic  low  and 
groveling  haunts  of  sensuality. 

In  publishing  the  details  of  the  "Great  Weaver  Rape  Case,'  it  is  willi  no  view 
of  ministering  to  a  depraved  public  appetite  :  on  the  contrary  it  is  for  the  pur- 
pose, of  pointing  out  the  corruption  which  exists  in  our  social  system  in  order  that 
the  statesman  and  moralist  may  apply  a  remedy.  That  there  are  men  wlto  de- 
light in  virtue  and  find  no  bondage  in  morality,  proves  at  least  that  before  our 
race  is  a  high  goal  of  possibility.  But  it  is  necessary,  in  order  to  have  a  c^ear 
comprehension  of  the  position  and  relationships  which  men  and  women  Itold  to- 
wards each  other,  that  we  shall  know  something  of  why^  is  evil  as  well  as  what  is 
good,  for  though  the  one  be  life's  polar  star,  the  other  may  serve  as  a  perpetual 
beacon.  To  guide  us  we  want  the  pillar  of  cloud  by  day  as  well  of  flame  by 
night. 

Of  all  crimes  iu  the  catalogue  of  human  frailty,  tliere  is  none  al  which  a  pro- 
perly organized  manhood  more  instinctively  revolts  than  that  of  a  fovoed  com- 
merce between  the  sexes.  To  woo  ''as  the  lion  woos  his  bride.'  is  foreign 
enough  to  the  geiitle  endearments  by  which  the  ties  of  human  love  arc  tisually 
cemented,  but  to  use  more  than  beastly  violence  in  the  gratiiicatiou  of  passion's 
fever,  is  worse  than  fiendish.  Commerce,  unless  reciprocal,  i.s  unnatural,  and  the 
love  which  degenerates  into  lust  is  unworthy  of  t!ie  name. 

The  Weaver  Kapc  Case  is  interesiing,  as  it  illustrates  phases  ol'  liumau  frailly 
and  degradation  which  are  usually  hidden  by  the  social  mantle.  In  it  there  are 
three  conspicuous  cliaracters — J.  D.  Weavei",  the  debauchee  :  Catharine  K.  La- 
henny,  the  alleged  victim;  and  Sarah  McNeil,  Weaver's  house-keeper  and  princi- 
pal witness.  The  first  figures  l)cfore  the  world  as  a  t^<r.?''sensuali.st.  the  second 
assumes  the  mantle  of  outraged  innocence,  and  the  third  appeal's  as  the  apologist 
of  a  man  charged  with  the  grossest  outrage  that   can  be  perpetrated  against  hor 

Hut  we  will  not  here  anticipate  the  testimony  elicited  before  tlic  Kccorder.  or 
in  any  manner  prejudge  the  case.     Our  province  in  this  connection  is  to  detail  the 


Ige  the  ci 
and  feav 


facts  as  we  find  them  and  leave  to  public  opinion  the  rendition  of  a  verdict. 


2 

TIIK  CinCKEN  FANTIHr.. 

Tho  airesl  of  J.  1>.  AVkaveii  on  a  charge  of  rape  awnkiMicd  ilic  lecollcctioiis  of 
the  past  against  him  and  stirred  the  tongues  of  scandal  to  his  prejudice.  Him 
name,  in  connection  with  another,  who  has  been  equally  notorious  in  the  walks  of 
libertinism — has  long  been  familiar  to  the  public  car.  Strange  rumor?  are 
abroad  of  liille  girls  who  arc  decoyed  into  his  premises — as  was  the  unblushing 
girl  who  now  acknowledges  herself  his  mistress — to  become  the  ministers  of  an 
unholy  passion.  In  consequence  of  his  licentious  partiality  lor  little  girls,  he 
liis  won  for  himself  the  title  of  r.hicken  Fancier.  He  is  ii  man  ^f  medium 
height,  rather  inclined  lo  corpulaiicy.  and  about  fifty  years  of  age.  His  face  has 
a  somewliat  bloated  look  and  over  his  cheeks  and  chin  the  skin  hangs  loosely, 
while  his  protruding  eyes  seem  striving  in  vain  to  liide  themselves  («mid  the  pur. 
?iy  folds  by  which  they  are  surrounded.  When  speaking  on  amatory  subjects  his 
•eyes  beam  out  with  a    gleam   of  sensuality,    and  nt  other  times   they  are  mnrked 

(! imply  by — 

•'  .\  fidi'long,  never  ceasing  gl.iuoi'. 
!iy  doubt  ami  ciinniiifr  marked  at  one. " 

His  hair  is  brown.  On  bis  lip  he  wears  a  dark  moustache,  which  is  tr:iined 
with  something  of  a  coxcomb's  care,  and  his  whole  appearance  is  that  of  a  man 
who  had  prematurely  passed  his  prime,  and  is  condemned  to  imaoinr.  when  ht* 
would  read  the  excesses  of  his  youth. 

Possessed  of  considerable  means,  variou-ly  estimated  at  from  ^100,000  In 
.$000,000,  he  has  for  years  past  occupied  the  upper  portion  of  a  neat  three  story 
Louse  nt  the  North-east  corner  of  Magazine  and  Natchez  streets.  Broad  balco- 
nies, the  whole  width  of '4he  side  v/alk,  extend  along  both  front  and  side  of  the 
dwelling,  which  has  an  open,  airy,  attractive  appearance,  as  if  no  ■wrong  or  vio- 
lence had  ever  been  committed  beneath  its  roof.  Into  the  upper  Vooms  sis  win- 
dows open,  and  when  the  watchman  passes  to  and  fro  in  the  Auietyide  of 
night,  the  slightest  scream  could  be  heard  if  uttered  by  one  who  shrank  ftom  ,h. 
hated  embrace,  or  prayed  to  be  relieved  from  a  deadly  wrong.  In  tlie  heat  of 
summer  niglits  our  windows  and  shutters  in  New  Orleans  are  not  closely  fastened, 
and  the  winds  of  heaven  are  always  ready  to  carry  a  report  bursting  from  the 
lips  of  v,T,mau,  fs  the  lightning  from  the  oloml. 

THE  VICTIM. 

Turn  wo  now  to  the  complainant  in  the  case,  Catharine  li.  Lahenny.  •  In  her 
testimony,  Catharine  sets  down  her  age  as  twenty-three,  but  her  appearance 
would  indicate  ;i  somewhat  more  lengthened  experience  in  the  realities  of  life. 
Though  far  from  being  a  beauty,  she  is  not  lacking  in  intellect,  and  her  i)hysica] 
powers  are  considerably  above  the  usual  average.  If  fairly  tested,  her  strength, 
we  are  inclined  to  imagine,  would  be  found  superior  to  that  of  many  men.  Her 
muscles  are  compact  and  apparently'  vigorous  in  tone,  and  it  seems  difficult  to 
bidievc  that  Weaver  could  have  mastered  hor  in  any  effort,  physical  or  mental.**^ 

Ireland,  we  understand,  is  Catharine's  native  place,  but  she  spent  many  j-ears 
ia  Scotland,  and  after  her  arrival  in  this  country,  she  lived  for  a  while  in  New 
'/ork-     Her  New  Orleans  experience  extends  back  about  three  years,  and  her  ro- 


putation  here,  ns  far  ns  preseuted  to  tlie  public,  has  been  Invariably  good.  St« 
gave  lier  testimony  in  a  straight  forward,  independent  manner,  as  if  she  hud  only 
the  truth  to  say,  and  was  determined  that  neither  maidenly  modesty,  nor  the 
wilcy  snares  of  experienced  counsel,  could  induce  her  to  swerve  one  jot  or  tittle. 
Questions  of  the  most  delicate  n.iture  were  answered  without  a  blush,  and  beinjc 
without  beauty  she  appeared  to  be  equally  lacking  in  that  modesty  which  is  beau- 
ty's chief  ornament.  Though  Weaver  is  wholly  without  sympathy  and  under 
public  ban,  it  is  but  justice  to  sny  thai  muny  s\ispect  tlio  action  of  Oatharino  (m 
ihc  outworkings  of  a  deep  laid  conspiracy. 

THE  YOUNG  IIOUSE-KEEPEH. 

The  girl,  Sarah  JNIcNcil,  stands  before  tlie  world  a.i  "one  more  unfortunate," 
who  ;-ccms  to  hug  her  chains^ind  glory  in  lii'e  profligacy  which  has  blasted  her 
young  life.  During  the  terrible  epidemic  of  IS.jC,  both  her  parents  died,  leaving 
her  a  waif  upon  the  surface  of  society.  At  the  ago  of  seven  she  became  the  child 
of  Charity.,  and  for  (he  kindnesses  then  and  since  extended  to  her,  she  appears 
to  retain  a  proper  feeling  or  gratitude.  With  regularly  moulded  features  and  « 
quick  intelligence,  she — but  for  the  misfortune  which  settled  on  her  infancy  — 
might  have  become  an  ornament  to  society  and  the  "observed  of  all  observers" 
among  fashionable  circles.  There  was  a  rich  promise  in  her  childhood,  but  be- 
ing left  without  proper  guardiaui^liip  or  maternal  counsel,  she  ve'dily  yielded  in 
the  temptations  which  beset  her  path,  and  appears  lo  be  .scarcely  capable  of  it- 
alizing  (he  condition  of  shame  tn  which  she  Has  fallen.  While  mo  condemn,  let 
us  be  just ;  pity  her  misfortuu*  and  reserve  our  ire  for  the  heartlc.«>'  profligaff 
who  in  jveaving  the  weT)  of  her  destruction,  blighteil  so  fair  a  tlower. 

As  the  principal  witness  for  the  defence,  this  girl — ^.iu.st  now^  in  her  ^«ixtt•enlll 
fummer — attracted  i\n  little  of  attention.  Admitting  herself  to  be  the  mistresM  i>;' 
Weaver,  she  told  the  story  of  how  Catharine  came  to  the  hou.-e,  and  with  ki^s>.vs, 
not  coyly  yielded,  encouraged  the  advances  which  he  veeuiel  by  no  means  unwil- 
ling to  make.  Considering  the  comparative  physical  power.-"  of  the  prosecutrix 
and  the  accuseil,  Sarah's  stoi-y  is  much  more  in  consonance  with  the  theory  "f 
probabilities  than  that  detailed  by  Catharine.  In  some  things  however,  Sarah 
does  overstep  the  bounds  of  probability,  and  particularly  in  her  assertion  Ihut 
since  the  arrest  of  Weaver  she  has  had  no  conversation  with  him  relative  i>i  the 
case.  Uy  some  this  will  be  set  down  as  a  mark  of  that  fidelity  which  is  constant 
in  the  midst  cf  wrong — a  fidelity  which  even  (lie  deceived  can  snmetimo!  fntcr- 
taiu  towards  a  deceiver. 

rurULAU   FEELING. 

\n  soon  as  rumors  of  the  case  were  noised  abi'oad,  popular  fc«ling  became 
aroused  to  a  high  pitch  against  Weaver.  It  was  indeed  feared  that  he  would  b" 
seized  and  become  the  victim  of  jmblic  vengeance,  for  even  )iien  of  wealth  an! 
standing  in  society  joined  in  the  hue  and  cry  against  him,  and  demanded  thr.t  n. 
slop  be  put  at  once  and  forever  to  the  licentious  improprieties  which  common  ru- 
mor charged  against  him.  Popular  indignation  Eeeme<l  still  more  exacting  after 
Weaver's  successful  application  to  be  admitted  to  bail,  and  but  for  tho  interfer- 
ence of  the  police  there  is  no  knowing  how  far  matters  would  havc'bcen  carried. 


LOOKING  FOR  JUSTICE. 

• 

About  noon  of  the  same  day  oa  the  moininf^  uf  which  (he  outrage  is  alleged  to 
have  been  committed,  Miss  Laheuny,  -n-ith  a  flushed  face,  might  be  seen  tralking 
hurriedly  down  Canal  street,  followed  by  a  man  whom  she  now  recognizes  as 
Weaver's  brother.  Some  days  prcviouslj',  she  had  been  getting  some  dental  oper- 
ations performed  at  the  office  of  Dr.  Clark,  corner  of  Canal  and  P.aronne  streets, 
and  she  concluded  to  go  into  the  doctor's  office,  in  order  to  avoid  the  espionage 
to  which  slie  considered  herself  subjected.  AYhen  tlicrc,  she  ascertained  the 
street  and  number  of  counsellor  Coleman's  office,  and  went  forthwith  to  advise 
with  the  counsellor  relative  to  her  best  course  under  the  circumstances.  The 
counsellor  questioned  lier  closely,  ascertained  from  lier  that  she  was  strict  in  her 
religious  exercises,  and  considering  from  her  story  that  a  great  outrage  had  been 
committed  against  her  and  society,  advised  her  to  gofieit  day  and  make  a  formal 
charge  again«t  the  man — then  unknown — who  had  been  guilty  in  the  premises. 
In  accordance  with  this  advice,  Catharine  presented  hcnsolf  on  tlic  2lth  of  Juno 
before  Mr.  Jones,  the  accommodating  Clerk  of  Recorder  Emerson,  and  made  the 
following 

AFFIDAVIT  : 


J 


Statk  ok  Louisi.\x.v — FiKST  District — City  oi    Nkw  Uiii,e.\ns. 

The  State, 

vs. 
Tarties  to  be  pointed  out. 

Personally  appeared  before  me,  Willja.ii  E.mlesox,  Recorder  of  the  First  Dis- 
trict of  the  city  of  New  Orleans,  and  Justice  of  the  Per.cc,  duly  commissioned  and 
sworn,  Catharine  E.  Laiibn.ny,  No.  17  St.  Louis  street,  who,  having  been  duly 
sworn,  doth  depose  and  say,  that  on  Friday,  June  21st,  18G1,  at  about  4  o'clock, 
A.  M.,  in  a  certain  house,  situated  at  the  corner  of  Magazine  and  Natchez  streets, 
in  this  District  andCitj',  a  certain  man,  whose  name  is  unknown  to  deponent,  but 
whom  she  will  point  out  to  the  police,  did,  bj'  force  and  violence,  commit  a  rape 
upon  the  person  of  deponent.  AVherefore  deponent  charges  the  said  personT 
whom  she  will  point  out,  with  the  ciame  of  rape,  contrary  to  tlie  statutes  and 
against  the  peace  and  dignity  of  the  State,  and  prays  that  lie  be  arrested  and 
dealt  with  according  to  law. 

her 
CATHARINE  5^   E.  LAHENNY. 
mark. 
Sworn  to  and  subscribed  before  me,  this  l!4th  day  of  Juno,  1801. 

W.  EMERSON, 
llccordcr  of  the  First  District. 


On  this  affidavit  a  warrant  Avas  forwith  issued  and  placed  in  tlie  hands  of  officer 
Moynan  and  in  an  hour  or  so  afterwards  Weaver  was  a  prisoner,  occupying  a 
cell  in  the  First  District  Lockup.  How  he  liked  the  change  from  his  own  luxur- 
ious couch  to  thd  wooden  mattrass  of  the  calaboose  is  not  on  record,  but  it  is 
probable  that  his  reflections  during  the  night  were  not  of  the  most  agreable 
character.  Possibly  he  may  have  spent  the  midnight  hours  in  a  mental  review  of 
his  past  career,  and  his  amatory  and  financial  successes  as  a  broker  may  have 
lost  something^of  their  importance  in  the  reflection  that  "  the  way  of  the  trans- 
gressor is  hard." 


APPLICATION    FOK     BAIL. 

On  the  26th  of  June,  the  second  clay  after  Weaver  was  arrested,  the  girl  Sarah 
McNeil,  was  taken  to  Recorder  Kmerson's  private  office,  in  company  with  ■Weaver's 
counsel,  Col.  Field,  and  made  an  affidavit,  setting  forth  the  manner  in  whicii 
Catharine  E.  Laheuny  went  lo  Denver's  premises  and  the  nature  of  her  conduct 
while  she  remained  there.  The  statement  exactly  corresponds  with  that  suh- 
soquently  made  by  Sarah,  when  examimined  as  a  witness  for  the  deftnco,  and 
which  m.ny  be  found  in  another  portion  of  this  work. 

On  the  strength  of  this  affidavit  Col.  Field  applied  to  the  Hccorder  to  admit  hia 
client  to  bail.  15ut  the  Ilccordcr  declined  and  copies  of  both  affidavits  were  taken 
to  Judge  Collins,  of  the  First  District  Court,  and  the  Judge,  after  a  careful  exam- 
ination of  the  matter,  endorsed  ]^is3  Lahcnny's  affidavit  as  follows: 

In  this  case,  it  appearing  that  the  proof  is  not  evident  nor  the  prcsumptioH 
great,  it  is  ordered  that  (he  accused  be  bailed,  and  tl»t  he  do  give  bond  iu  tlie  sum 
of  three  thousand  dollars,  with  two  good  and  solvent  securities,  to  answer  the 
charge  herein  according  to  law. 

T.   Whartox  Collexs, 

Judge  1st  Dist.  ('our'.. 
Xcw  Oileaus,  Ju)ic'2G(/i,  18t.il. 

In  accordance  with  the  above  order  the  prisoner  was  adnultcd  to  bail  un  the 
-6th  of  June  with  J.  M.  Fisk  and  Weaver's  brother  .-is  securities. 

THE    COUNSEL. 

The  able  counsel  employed  both  for  tlic  prosecution  and  defence  tended  to 
increase  the  interest  which  the  public  felt  in  the  investigation..  For  the  prose- 
cution, the  classic  and  experienced  Counsellor  Coleman  was  employed,  with  that 
eloquent  and  erudite  pleader,  Counsellor  Blocker,  as  his  associate.  As  conductors 
of  the  case  on  behalf  of  the  State,  these  gentlemen  received  ihe  sanction  .-ind 
support  of  our  able  District  Attorney,  M.  M.  Reynolds. 

The  defence  was  entrusted  to  that  skillful  criminal  lawyer.  Col.  Field,  who,  it  is 
said,  received  a  fee  from  the  accused  of  SIOOO.  Xo  man  is  better  able  to  sift  out 
the  weak  points  of  a  case  and  parade  them  before  a  court  and  jury  with  a  telling 
though  cumbrous  eloquence  than  the  venerable  Colonel. 


EXAMINATION  OF  THE  CASE. 


TJie  examination  of  the  case  before  Kccorder  Emerson  having  been  fixed  fo'' 
AVGclueiilay.  tlic  oJ  of  July,  with  the  understanding  that  it  was  to  be  taken  u]i 
immediately  after  the  dock  prisoners  and  other  petty  cases  were  disposed  of,  i. 
was  called  about  the  hour  of  noon.  The  impression  on  most  minds  was  thai 
it  would  he  concluded  in  a  few  hours,  and  very  few,  eycn  vi'  those  who  knew  the 
particulars  of  the  case  and  the  slow  progress  of  legal  investigations,  at  that  time 
imagined  (hat  it  would  wind  its  tedious  way  into  the  following  week. 

The  time  lixod  for  the  examination  iiad  not  heen  publi;diod  in  any  of  tiiu  daily 
jiapers,  probably  from  a  desire  to  avoid  as  much  as  possible  crowding  the  court 
room  in  tiuch  Avarm  weatlier.  Indeed,  boyontl  fl:e  mere  announcement  of  Mr. 
Weaver's  arrest  at  tlie  time  .and  the  fact  of  his  having  furnished  bail,  the  press 
had  abstained  from  any  reference  to  tlie  case  whatever.  From  this  cause  the  sub- 
ject was  not  generally  known  in  the  community,  l^it  yet  tiiere  were  a  considerable 
number  of  gentlemen  wiio  had  learned  that  the  investigation  was  to  come  oft",  and 
consequently  when  the  time  came  every  available  seat  in  the  court  room  wsa 
occupied  by  an  interesting  listener  while  the  space  behind  the  railing  was  crowded 
by  those  who  could  not  obtain  seats. 

The  large  space  railed  in  on  the  right  of  llie  raagistratc's  Lench  for  the  oHicers 
of  the  court  was  invaded  by  the  superior  officers  of  tlie  police  and  other  privileged 
characters,  and  even  the  Cerberus  of  the  reporter's  deparlmcnt,  on  the  left  of  the 
Recorder's  scat,  could  not  prevent  it.s  being  invaded  and  taken  possession  of  by  tho 
eager  people.  It  was  curious  to  look  \ipon  tliis  gaping  crowd  and  watch  the  play 
uf  their  facial  muscles.  Their  eyes  lixcd  intently  upon  the  witness  and  listening 
i)i  utter  silence  (o  catch  every  word :  tliore  was  a  peculiar  glistening  of  tlie  eye 
and  expression  on  the  features  of  most,  ditlicult  to  be  accounted  for,  unless, 
perhaps,  the  piquant  nature  of  the  intellectual  repast  they  vrerc  devouring.  Quite 
overlooked  and  unnoticed  in  the  body  of  the  hall,  seated  on  a  bench  near  the 
middle  of  the  crowd,  with  a  negro  woman  on  one  side  of  him  and  a  decrepid  old 
man  on  the  other,  sat  the  special  reporter  engaged  to  report  the  trial  for  this 
publication,  quietly  taking  down  every^word  uttered,  in  stenographic  characters 
on  the  backs  of  old  letters  and  unsettled  bills.  And  it  'may  be  a  laattcr  of  some 
interest  to  those  not  familiar  with  the  v.'O-udcrs  of  short-hand  writing,  to  remark 
liere,  parenthetically,  that  the  whole  of  the  testimony,  in  questions  and  answers, 
that  forms  the  principal  part  of  this  print,  was  contained  on  tJie  backs  of  only 
live  letters.  v 

THE  W CAVERS  IX  COURT. 

Mr.  AVeavcr  came  to  the  court  with  .'r'arah  and  his  brother  and  several  gtntlc- 
men  friends.  His  counsel.  Col.  Field,  took  his  ecat  on  the  left  end  of  the  green 
table  used  by  members  of  the  liar  and  fronting  the  clerk's  desk.  Weaver  took  a 
chair  on  tiic  left  of  his  counsel  and  clasping  his  hands  on  his  lap  he  cocked  both 
of  liis  legs  up,  supporting  his  feet  against  the  railing  and  leaning  back  on  his 
chair,  hi  this  easy,  comfortable  and  nonchalant  position  he  remained  during  all 
the  time  of  the  examination  both  on  this  and  on  subsequent  days.  He  evidently 
assumed  !xn  independent  air  like  that  of  a  man  who  took  very  little  interest  in 
what  was  going  on  and  thought  the  whole  affair  was  very  trifling  though  some- 
thing of  a  bore.  In  this  position  ho  was  directly  vis-ii-vis  with  tho  witness 
chair  and  only  a  few  feet  from  it.  •  His  back  was  toward  the  body  of  the  hall 
and  the  only  ones  who  could  look  in  his  face  were  (he  Recorder,  witness  and  the 
people  who  Avere  Avithin  the  officers'  inclosnre.  This  was  a  feature  that  doubtless 
pleased  him  much  although  his  features  v^cre  too  well  scliooled  to  betray  any  of 
the  emotions  withiu  him  and  even  in  tlie  most  tryingnioments,  when  the  minutest 
details  of  his  debauchery  were  being  revealed,  his  count cnaiic)  Avas  culm  and 
unmoved. 


His  brother  showed  more  signs  of  interest  and  unensinesx.  The  first  day  ho  go; 
up  -where  t'.ic  railing  of  the  reporters'  enclosure  joins  the  clerk's  desk  and  sat 
do-wn  there  on  the  siilo  bench.  He  hnd  come  provided  with  a  co]iy  of  the  New 
Y'ork  Daily  News  folded  up  into  convenient  size,  which  he  held  in  his  hands  and 
pretended  to  be  quite  absorbed  in.  r>ut  ho  must  liave  been  either  such  a  poor 
render  as  to  have  to  spell  out  every  ivord  or  else  he  thought  very  little  of  what 
was  on  the  paper  for  lie  never  once  turned  it  over.  And  occasionally  he  would 
forget  to  keep  his  eyes  on  the  p.iper  wliilo  lie  wns  listening  to  the  testimony,  bui 
would  suddenly  raise  them  to  the  witness  chair.  When  Catharine  came  to  thai 
part  of  her  testimony  where  she  wns  lollowed  by  him  on  the  street,  she  knew 
where  he  was  sitting  although  his  head  n-as  then  below  the  top  of  the  clerk's  desk 
and  pointing  directly  to  the  spot  .xhe  signified  him  by  the  words:  "  That  litth- 
man  oyer  there  with  spectacles  onl"  Of  course  every  one  in  the  court  room 
stretched  their  necks  to  see  him,  at  once,  for  it  was  the  first  reference  tliat  had 
been  made  to  him,  and  he  became  the  cynosure  of  every  eye.  For  a  moment  he 
pretend*d  to  be  perfectly  absorbed  in  his  paper  and  then  suddenly  looking  up  he 
gazed  at  Catherine  with  mild  wonderment  as  much  as  to  say:  "  (Ih,  my  dear, 
there  nin^t  hr-  c.i  ii(»  mistake  about  it." 

-VLLEGED  INTIMIDATION  OF  SARAH. 

Sarah  did  not  remain  in  the  court-room  during  the  examination  of  Catharine, 
although  she  had  come  there  to  give  her  testimony  against  her  for  Catharine's 
counsel,  fearing  that  Sarah  would  frame  lier  rebutting  evidence  according  to  the 
testimony  for  the  State,  asked  the  Court  to  have  her  kept  in  a  separate  room 
where  she  could  not  be  approached  or  hold  conversation  with  any  one.  Recorder 
l^mersou  accordingly  ordered  her  to  be  kept  in  officer  Robinson's  office,  on  the 
tioor  below,  and  here  she  seated  lierself  and  remained  during  Wednesday,  after- 
noon and  evening  there  not  being  an  opportunity  that  day  for  calling  lier  to  the  chair. 
Officer  Jloj-nan,  one  of  the  executives  of  the  Court,  "had  charge  of  her.  Several 
persons  came  into  the  room  at  difi"erent  times  while  she  was  therC;  and  it  has 
l)cen  alleged,  though  without  cause  probably,  tliat  an  attempt  was  made  to  in- 
timidate her.  Certainly,  officer  Moj'nan  would  not  have  permitted  sucli  a  thing. 
The  Daily  Bek,  of  the  4th  of  Jul}',  in  its  local  column,  had  the  following  words 
on  this  subject : 

"We  are  informed  that  Mr.  Beggs  also  entered  the  room  where  Sarah  was 
being  kept,  preparatory  to  her  giving  evidence  in  favor  of  Weaver,  and  among 
other  remarks  said  Mr.  AVeaver.  and  every  one  who  testified  in  his  favor,  were 
going  to  be  hung.  This  was  highly  wrong,  and  Lieut.  Boylan  told  us  if  he  had 
licen  present  either  time  he  would  liavc  arrested  Mr.   Beggs.'' 

Mr.  Blocker  sat  next  to  Col.  I'ield  at  the  lawyers'  table,  on  his  right,  and 
Mr.  Coleman  was  seated  next  to  him.  AVhile  Catharine  Avas  in  the  witness  chair 
she  sat  as  calmly  and  unmoved  as  though  she  were  among  a  party  of  friends  re- 
lating to  them  something  that  did  not  concern  her  hardly  at  all.  .Vt  first  both 
the  counsel  and  the  coi;rt  liad  to  enjoin  lier  repeatedly  to  speak  louder  as  her  words 
could  hardly  be  heard  wifh  any  distinctness  at  a  radius  of  six  feet,  but  this  did 
not  appear  to  arise  from  any  timorousness  but  from  weakness  of  voice  or  from 
having  accjuired  the  habit,  at  home,  of  speaking  in  a  soft  and  light  tone.  Every 
once  in  awhile  she  would  lean  over,  resting  lier  arms  ou  her  lap,  to  give  the  words 
of  her  relation  clearly  to  the  clerk  who  was  taking  them  down  in  writing.  During 
no  part  cf  the  time  did  she  appear  the  least  agitated  or  even  mored  by  the  recital 
of  her  wrongs  .and  when  she  was  being  cross-questioned  regarding  the  minutest 
details  of  the  violation  of  her  person  she  did  not  blush  or  lower  her  gaze  from  tlio 
counsers  penetrating  eye,  nor  did  her  lips  quiver  or  her  voice  tremble. 

These  facts  are  merely  record^il  as  an  integral  portion  of  the  historj'  of  the 
Lase  ;  not  by  any  means  to  furnish  an  inference  that  it  formed  an  indication  of 
lewdness  or  brazeness  of  disposition. 

She  gave  her  testimony  clearly,  boldly,  and  without  the  lea-<t  hesitaucj',  never 
stopping  a  second  to  reflect  or  to  call  up  n  word  or  a  thought.     During  the  entire 


8 

extent  ol  her  lengthy  cross-exaniinatiou  no  one  could  have  wanted  prompter  or 
readier  answers.  There  was  a  quiet  but  serious  and  earnest  look  in  her  eye  and 
ilie  effect  of  her  testiraonj*  upon  every 'one  in  the  court-room  wns.  that  he  was 
either  speaking  "the  truth,  the  whole  truth  and  nothing  else  but  the  truth,"  or 
else  that  she  must  be  a  most  consumate.  artful  and  accomplished  villain,  to 
maintain  such  a  relation  of  facts  an^l  stand  unflinchingly  such  a  searching  cross- 
t  Kanaination  without  contradicting  herself  on  the  most  trivial  points. 

With  these  remarks  we  will  proceed  to  the  testimony  she  gave.  At  first  she 
was  about  to  commence  and  fell  fhe  whole  story  without  stopping  but  after  being 
instructed  by  counsel  and  the  court  she  soon  accustomed  herself  to  tell  one 
sentence  at  a  time  and  wait  until  the  clerk  had  written  it  down  and  re;ul  it  over 
to  see  that  he  had  taken  it  correctly.  Although  'iiving  the  relation  in  thi'- 
disjointed  manner  she  never  lost  the  thread  of  it  but  kept  on  in  tlie  regular 
succession  of  events,     .\fter  having  been  duly  sworn  she  testified  as  follows: 


CATHARINE  MEET.S  AVEAVEll. 

On  tiic  lititii  of  June,  I  met  Mr.  Weaver  on  Chartres  street,  ainl  lie  asked  me 
if  1  required  a  situation.  I  asked  him  where  it  was.  He  said  it  was  in  his 
liouse.  1  asked  him  if  there  was  a  madame  in  the  house.  He  replied  no,  but 
tliat  he  kept  two  servants.  I  told  liim  I  did  not  Avish  to  go  anj'where  where  there 
was  not  a  madame.  He  said  the  girl  he  Jiad  did  not  wish  to  live  alone;  that  ho 
wanted  to  get  another  girl.  He  told  me  that  his  business  did  not  allow  him  to  go 
to  the  intelligence  offices  or  to  advertise.  He  told  me  that  there  would  be  ne 
harm  in  my  speakiiJI;  to  the  servant  in  the  house  and  she  would  give  me  the 
particulars.  He  told  me  the  house  was  on  the  corner  of  Natchez  and  Magazine 
streets,  and  asked  me  to  come  to  his  ofBce  at  three  o'clock,  when  he  would  be 
there'and  -would  cither  go  with  me  or  send  to  the  adjoining  house  to  see  the 
servant. 

I  went  to  his  ofiice  at  three  o'clock  and  he  sent  his  colored  ))oy  up  stairs  with 
me.  As  I  went  up  stairs  I  met  the  servant  girl  in  the  door.  I  asked  her  if  she 
was  the  servant  I  was  sent  up  to  and  she  said  yes.  I  do  not  know  her  name 
except  that  she  called  herself  Sarah.  I  recognise  the  girl  Sarah  now  in  court  as 
l)eiug  the  person.  The  girl  told  me  to  come  in  and  sit  down  and  she  wouM 
explain  the  situation  to  me.     She  told  me  the  situation  was  a  good  one. 

SHE    FINDS    A    NICE    SITUATION. 

Mr.  Weaver  came  up  and  the  first,  thing  he  asked  me  was,  hud  i  any  friends. 
[  told  liini  no,  my  friends  were  all  in  Europe.  He  asked  me  if  I  thought  1  Avould 
take  the  situation.  1  told  him  I  did  not  know.  He  asked  Sarah  how  she  would 
like  me  for  a  fellow  servant.  Sarah  said  she  liked  iny  appearance  very  well. 
She  thought  I  was  a  decent  girl.  1  told  him  I  thought  the  work  was  very  little 
for  two  servants.  He  asked  me  if  I  could  sew.  I  told  him  I  was  a  very  good 
sewer.  He  said  that  he  would  live  in  a  hotel  but  that  he  was  getting  old  and 
that  his  business  compelled  him  to  live  on  his  property.  His  office  and  residence 
were  there  together.  He  told  me  that  his  sou  had  gone  with  the  armj^  and  that  as 
soon  as  he  returned  the  work  would  be  much  greater.     ^Ir.  AVeaver  went  out  then. 

Sarah  told  me  she  had  lived  three  months  in  the  place  and  hiul  no  fault  to  find 
with  it,  except  that  she  was  so  lonesome.  She  wished  me  to  take  the  situation,  and 
I  said  I  Avould.  1  told  her  1  would  come  on  Monday,  but  she  insisted  on  my  sleep- 
ing that  night  as  she  was  so  lonesome  for  Mr.  Weaver  Avent  out  that  afternoon. 
It  was  after  dark  when  Mr.  "Weaver  came  in  that  evening.  I  told  her  I  would 
like  to  go  away  but  she  said  that  Mr.  Weaver  had  the  key  of  the  office  and  I 
would  have  to  go  through  the  office  to  get  out. 

WOLVES  IN  SHEEP'S  CLOTHING. 

On  liis  return,  after  night,  Mr.  Weaver  commenced  to  lecture  from  the 
scriptures.     He  lectured  about  wolves  that  went  about  in  sheep's  clothing,  seeking 


9 

whom  they  might  devour.  Next  he  lectured  about  tho  good  buiiiaiitaii.  Hf 
talked  a  g^rent  deal  about  tlio  deception  of  mankind.  Next  he  commenced  singinp: 
hymns,  buch  as  are  t^unp;  in  divine  service,  .^.arah  af=l<ed  him  if  he  did  not  sing- 
iu  l!ie  choir  of  llic  Calholic  church  and  he  said  yes. 

He  left  the  room  and  went*  out  into  another  part  of  tho  building.  I  then  helped 
ilie  girl  to  draw  tlic^ar  of  his  bed.  S'le  toM  nie  that  she  .slept  "in  that  bed  one 
night.  I  asked  iier  whore  Mr.  Weaver  slept  then  and  she  said  he  slept  in  the 
St.  James  Hotel.  He  then  came  in  and  told  Sarah  and  myself  to  go  to  sleep  in 
that  bed.  I  asked  him  wlicrc  he  w.n^  goi"g  tf  sleep.  lie  said  he  was  going 
to  .sleep  on  the  sofa.  I  told  him  I  would  not  sleep  in  tho  room;  that  I  would 
dleep  in  the  other  room  that  had  a  liolt  on  the  door.  He  insisted  that  I  ^should 
sleep  in  his  bed.  I  told  him  I  would  nnf.  that  I  woidd  sleep  in  the  other  bed. 
1  rose  to  go  to  the  other  room  but  Sar.ili  would  not  come  with  me. 

WEAVER   IS   STIUCTLY   REIkJIOUS. 

I  met  Mr.  Weaver  in  the  door.  He  told  me  the  (.ther  i'cd  whs  not  tit  for  n. 
stranger  to  sleep  in  ;  to  spare  his  feelings  and  that  it  would  be  scon  to  next  day, 
but  to  slee'p  that  niglil  in  his  bed.  1  went  to  bed  with  Sarah  nisder  the  condition 
that  he  was  to  go  to  the  St.  James  to  sleep. 

He  left  the  room  and  went  out  on  the  outside  liuiidiug  wlure  he  commenced 
p.aying  his  prayers.  He  walked  up* and  down  the  hall  with  his  hand"  claspod 
together,  praying  so  loud  that  all  the  neighbors  could  hear  him. 

Question  interposed  by  Col.  Field  :    Did  the  neighbors  hear  liim  ? 

Witness,  (with  amusing  n.'iivet(5):  They  could  if  they  were  near  enough. 

Witness  continuing  her  own  relation  :  I  asked  Sarah  if  he  always  prayed  that 
way.  She  said  yes,  he  was  strictly  religious.  1  told  her  I  was  very  sorry  to  etay 
that  night.  She  told  me  I  had  nctliing  to  dread  for  he  would  not'harm'a  child. 
After  sometime  he  came  into  the  room  and  threv.-  himself  into  tlio  middle  of  iliy 
bed,  between  the  girl  .and  nn-self.  1  told  him  that  he  had  promised  to  go  to  the 
hotel.  He  swoi'e  by  the  bloody  bones  , and  sacred  law^  of  Jesus  Christ  that  h« 
would  not  touch  or  harm  myself  or  tlie  girl. 

HE    PREFERS   ST.    CATHAUINE   TO   ST.    J.UIES. 

He  usked  me  what  I  was  afraid  of  and  if  I  thouglit  anything  improper  would 
take  place  when  tbere  was  another  girl  in  the  bed  witli  mc.  The  girl  made  use 
of  the  very  same  words.  He  laid  very  quiet  for  an  hour  without  moviug  and  I 
was  afraid  I  would  fall  asleep.  I  pretended  for  about  three-quarters  of  an  hour 
to  be  asleep  to  sec  if  the  others  wonM  go  to  sleep.  Mr.  Weaver  did  not  go  to 
sleep  but  1  cafcnot  say  about  the  girl.  He  then  put  his  liaud  up  under  my  clothcri. 
I  sat  up  in  the  bed  and  struck  liiin  with  my  left  hand.  I  wanted  lo  gel  out  o! 
the  bed  then  and  I  commenced  cryinj;;.  I  sai  up  in  bed  for  sometimo  but  I  wa, 
afraid  if  I  went  out  he  would  take  me  away  from  the  girl. 

He  swore  that  if  I  would  cease  crying  he  would  not  touch  nn;.  He  svvoro  ihat 
he  wou'd  cut  his  arm  off  before  he  would  do  me  harm.  He  put  liis  arm  ftronud 
my  neck  and  pulled  me  down  into  the  bed.  He  did  not  use  any  violence  then  Viut 
just  only  held  me.  He  lay  for  somi^  time  holding  me  in  that  potition.  Nest  tim- 
he  thought  to  get  possession  oi  me  but  I  did  not  allow  him  ;  I  was  too  s'rong  fur 
aim.  Sometime  .nfter  that  he  tried  the  Fame.  T  did  not  allow  him:  I  wiis  to.j 
strong  for  him.     I  called  upon  the  irirl. 

LE    F.\IT    .UCDMl'Ll. 

He  kept  mo  down  in  iliat  position  until  I  was  perfectly  e.thHUsied  with  his  and 
my  own  perspiration,  he  held  rae  so  clo.^e  to  1dm.  I  could  havp  wrung  out  my 
clothes  with  the  sweat.  About  four  o'clock  in  the  morning  lie  awakened  'the  girl 
and  said  something  to  her.  The  girl  got  6ut  of  bed  aud  went  out  of  the  room. 
Mr.   Weaver  got  on  me  then,     lie  said  I  might  hallo  ne  much  na  I  liked,   the 


10 

(;Irl  bad  gone  tn  the  adjoining  building.  .M.  iliai  lime  lie  \sas  too  powerful  for 
rne  and  accomplished  his  cuda  from  the  jjosition  ho  j^ot  mo  in. 

Mr.  Coleman.     What  do  you  mean  b}'  his  accompli.shing  his  uiTds  '! 

Witness.     Why  lie  committed  the  rape  upon  nie,  sir. 

.Mr.  C.     Describe  lii.s  jiosition  and  yours. 

Witness.  He  had  held  of  me  with  one  arm  around  my  neck,  threw  himself 
upon  my  che^t  and  then  tlircw  himself  all  down  upon  me.  I  wanted  to  prevent 
him  vith  my  hand  but  he  took  it  avray  twice.  I  got  the  other  arm  at  liberty  from 
him  at  one  time  hut  he  was  so  close  to  me  1  could  n(jt  liclp  myself.  I  hallcod 
on  but  he  said  I  could  not  helii  myself,  that  I  mi,s;lit  hallo  as  much  as  I  wanted. 
Wlien  lie  was  done  he  went  out  and  brouglit  tlic  girl  inio  the  room.  Tiie  girl  got 
into  tlic  bed  and  oojumeuced  fanuini;  him,  he  iyiuc;  in  the  bed. 

TEAPwS   OF   MORTIKIC.VTION. 

I  went  iulo  auoiher  room  and  commenced  to  dress  myself,  iiometime  after 
that  the  girl  came  into  wliere  1  was.  I  was  crying  and  she  asked  mc  what  was 
ihc  matter  with  me.  f  told  her  1  believed  she  was  a  poor  degraded  thing  and 
lliat  I  liad  been  ruined  liy  her  ineans.  She  told  ine  not  to  blame  her  for  slie  had 
to  do  everything  Mr.  Weaver  told  her  to  do,  just  as  if  she  waa  hi^  child.  She 
bJiid  tliat  avci'j'  day  girls  came  in  the  samj  way  and  were  tnken  in. 

Mr.  G.     Did  you  sleep  at  all  during  the  night  V 

Witness.     No  .sir. 

Mr.  C.     Did  yoti  make  exertions  ro  get  ou!  of  tlis  lumsc  '.' 

Witness.  I  asked  Mr.  AVeavor  .'ind  the  girl  sevei-al  times  tu  let  ma  gel  oi't. 
."r^.ai-ah  made  some  co^'ce  for  Mr.  Weaver  and  brought  it  to  him.  She  said  tha^ 
after  a  few  minutes  he  would  rise  up.  I  couKt  not  get  oul  of  the  house  until 
iibout  two  o'clock,  when  the  new.sboys  were  calling  out  the  evening  paper.?,  na 
.Mr.  Weaver  had  the  key.s.  He  came  into  the  room  and  frightened  mo  as  he  was 
perfectly  naked.  He  said  to  me,  was  I  not  a  pretty"  girl  to  ndvist?  his  girl  to 
leave  him  ?  I  answered  (hat  I  thought  it  was  only  cliarily  (o  her  to  do  eo.  Atter 
ht»  got  dressed  he  opened  the  door  and  let  me  down  stairs. 

.V    VERY    ACC'O.M.MOD.VTINO     IIIIOTIIEH. 

The  first  per.son  1  saw  when  1  got  out  was  that  man  there  (pointing  to  iLo 
brother  of  tlie  accused,  who  Vi'as  quietly  reading  a  copy  of  the  New  York  Ixews, 
and  who  looked  up  at  the  witness  through  his  gold  spectacles  from  the  lawyers' 
table  in  apparent  astoni.shmont) ;  I  believe  he  is  Mr.  Weaver's  brother.  He 
followed  me  until  I  went  into  Dr.  Clark's  dentistry  oflice  at  the  corner  of  Caronnc 
and  Canal  streets.  When  I  went  in  there  the  two  doctor3  askell  me  what  was  the 
matter.  1  said  there  was  a  man  ioUowing  mc  on  the  street  and  got  one  of  thcra 
10  go  out  and  loolc  for  me.  They  said  that  a  man  following  mo  on  the  street 
would  not  make  me  look  that  way.  1  was  alarmed  when  I  left  Mr.  Weaver'^ 
house  and  being  followed  on  the  street  made  me  more  alarmed;  I  was  crying  too. 
I  got  them  to  find  the  location  of  Mr.  Coleman's  office  for  mc  in  the  Uirectory. 

Mr.  C.  AVas  there  any  blood  upon  your  clothing  al'lor  the  perpetration  of  tu^ 
:iuiragc  ? 

Witness.     There  was,  sir. 

.Mr.  C.     Was  there  any  blood  upiiu  the  bed? 

Witness      When  Sarah  came  iu  she  said,   "Oh  what " 

Mr.  C.  and  Col.  F.,  iuterujiting — N'over  mind  what  Sar.ih  said,  only  tell  wliai 
you  saw  j'oureelf. 

Witness.     I  saw  two  .spots  of  blood  upon  ilic  bed  where  I  htid  been  lying. 

Mr.  C.  To  whom  did  voucommunii^ate  the  facts  and  when  did  you  make  th» 
BRidavit  ? 

Witness,  i  told  you  all  when  1  went  to  your  oiiice  that  evening,  about  half  an 
Lour  after  leaving  the  house,  and  I  made  my  affidavit  in  court  the  next  morning. 

Mr.  C.     Have  you  spoken  of  the  affair  to  anyone  else  ? 


Wituc33.  The  only  otLei' person  to  whom  I  comuiunicatcd  (be  facts  Tcas  a 
female  friend  and  I  told  her  one  day  nficr  Mr.  AVeavcr's  brolher  came  to  the 
house  where  I  resided  and  pecked  threw  tlic  keyhole  when  1  called  out  lo  my 
friend  in  great  fear  :  '•  Don't  let  him  in  1  "  The  clerks  on  the  opposite  side  of  tlie 
street  woi-c  laughinjr  at  it.  The  womnn.  who  is  the  cook  and  has  charp;e  of  the 
house,   was  there  with  me. 

Messrs  Coleman  aifti  Dlocker  havinjr  f>ignirieJ  thnt  thoy  wore  tlirouxli  with  th«i 
witness.  Col.  Field  pi'occcded  to 

THE    CROSS    FA'AMINATION. 

Col.  F.     Where  do  j'OU  live  ? 

Witness.     At  No.  17  St.  Louis  street,  bdwecu  Chartrcs  street  r.vd  the  Leven. 

Col.  F.     llow  old  ai-e  you  ? 

Witness.     I  am  twenty-three  years  of  ago.  as*  mxirly  as  I  nn  tPtnembcr. 

Col.  F.     11  ov,' much  do  you  weigh  ? 

Witness.  1  cannot  ssiy;  I  was  weighed  htst  Minimor  hut  do  nut  recoilecf  ho^r 
much  1  weighed 

Tho  cousel  m^csscd  this  qusction  verv  closely  upon  her,  asking  severally,'- do 
you  weigh  10(f  pounds,  110,  120,  130.' 110,  150,?  '  to  cnch  and  all  of 'which 
I  be  answered  that  she  could  not  saj-.    . 

Col.  Field.     How  long  since  you  caiue't II  this  city  V 

Vv'itness.     About  three  years  ago. 

Col.  F.     Where  did  you  come  from? 

W.     New  York. 

Col.  F.     Who  did  you  live  with  when  you  fist  came  hern? 

W.     With  the  family  of  Mr.  Cooler,  on  Bnronnc  street. 

Col,  F.      Where  did  you  go  next  ? 

W.     I  went  to  live  with  the  family  I  live  with  now. 

Col.  F.     Did  you  live  nowhere  except  witli  (hose  two  families? 

W,     I  boarded  for  about  a  fortnight  witii  a  lady  downtown,  opposite  .V,'a?h:ng 
ton  Square. 

Counsel  questioned  her  very  coscly  ns  lo  the  name  of  the  lady,  her  bueiuees 
and  how  v.'itnes3  got  acquainted  with  her,  and  to  a  variety  if  questions  with  this 
tendency  she  answered  to  the  following  effect: 

OVEUirAULING  THE  I'AST. 

Witness.  I  do  not  recollect  the  name  of  the,  lady.  1  biicamo  acquaiuie  i  with 
her  through  a  lady  and  genlleman,  Mr.  .and  Mrs.  ytciger  from  New  York,  whom 
I  had  known  in  that  city.  1  met  Mr.  and  Mrs.  Steiger  on  the  street.  Do  not 
know  the  name  of  the  street,  having  been  a  stranger  in  the  city  at  that  time. 
I  do  uoc  know  where  I  was  going  at  time  as  it  is  so  long  since.  It  was  in  the 
afternoon  I  met  them,  as  near  as  [  can  recollect.  I  saw  them  once  or  iwico 
afterwards.  'Dicy  came  to  sctf  mc  at  this  lady's  house.  They  took  rce  lo  tbo 
house  the  first  timar  1  met  them  and  1  then  engaged  board  there.  1  do  not  know 
where  they  staid.  Mr.  Steiger  was  a  carpenter  by  trade.  As  well  us  I  can 
recoiicct  it  was  in  September,  two  years  ago,  that  I  went  to  the  house.  1  got 
ricquaiuted  with  Steiger  in  Fifth  Avenue,  New  York.  They  came  to  sec  me  in 
'-'"ith  street,  near  Fifth  Avenue.  I  lived  at  Mr.  lather's,  who  kept  a  carpet  store 
.1  I'roadway.  I  lived  in  New  York,  nliout  twelve  months.  1  lived  in  Fifth 
\ venue  before  I  wenb  to  i!Gth  street.  1  lived  at  no  other  place  in.  New  York. 
I  have  been  .ill  through  New  York  but  never  lived  in  any  other  place.  1  know 
where  the  St.  Nicholas  hotel  is.  1  boarded  there  last  summer  with  a  fnnii'y  thai 
I  wri-i  I  rivaling  with.  ^ 

Till-:  STEIGER^  IN  NEW  VOllK 

I  got  acquainted  with  the  Steigors  through  some  friend*!  in  New  York.  Thfv 
lived  in  the  lower  part  of  the  city.  It  was  a  dress  maker  Avho  made  me  ac- 
quainted with   the  Steiger:".     I  do'uot  know  where  the  dress  maker  lived.     1   wnn 


made  acquainted  witli  this  drc?s  maker  through  sonin  ecrvAr.t  Rirl?,  being  a 
pfranccr  in  Iho  country.  I  suppose  Mrs.  Stcigcr  wns  an  intimato  friend  of  the 
'Ircrs  tn  ikcr.  wlio  corifeidercd  hor  vcry.rospcctnh  e.  I  wa"*  in  company  uith  Mr. 
nnd  Mrs  Stcigcr  and  tlic  drc^j^-niukcr  oei  t';iihuriiie  etrcct  when  we  were 
introduced.  The  Louse  en  Washington  pf|U!irc.  where  I  boarded,  was  a  email 
ivucment  riioh  /in  poor  pcojile  are  iu  the  habit  of  occupyinj:.  Thi- hou^c  waaon 
i!ie  Icit  hand  rf'idc  of  the  equirc  as  you  go  to  the  Conrthoubc.     * 

The  Kubjoct  of  this  boardiiif;  hou-.e  and  c.'atharinc'a  ucquainluuce  with  the 
Steigcrs  and  her  previous  life  was  investigated  in  this  searching  mannfr 
apparently  with  tiio  view  (o  lay  bnrc  her  past  IjJMory  and  thercbj'  obtain  a 
<-lue  if  possible  to  some  cvtut  or  circumsiances  ili:it  might  throw  a  doubt  upon 
her  purity  and  virtue,  even  if  not  to  prejudice  her  case  in  the  preliminarj- 
examination  to  furnisii  grounds  for  learuiug  eouicthiug  of  her  derogotary  in  its 
nature  that  might  be  brouglit  >ignin«t  her  on  a  jury  trial.  The  regular  orosb- 
ijucEfioning  wa^  then  resumed. 

LEGAL  riT-FALL^  AND  WITXCiS  TUArS. 

Col.  Field.     How  and  where  did  ^W-avcr  first  accost  you  '  ^ 

Witness.  He  came  by  my  Bide  on  Chartres  street,  about  one  or  two  o'clock 
and  spoke  to  me.  It  was  between  Vicinville  and  St.  Louis  pirccts,  as  I  believe. 
There  was*  no  one  with  me. 

Col.  F,     V>'hcro  were  you  going? 

W.  I  wa3  going  home.  1  had  been  in  iho  Intelligence  Ufifice  kept  by  a  Mr. 
Murphy. 

Col.  F.     Did  he  walk  with  you  'L 

W.     lie  only  spoke  to  nic.    lie  did  not  walk  with  nic  ;   he  walked  on  before  mo. 

Col.  F.  What  were  his  words  ? 

W.  lie  asked  mo  did  I  require  a  eituation  or  did  I  know  a  respectable  girl 
who  did.  He  told  me  he  lived  at  the  Corner  oT  Magazine  and  Natchez  streets, 
at)07e  the  drug  store.  He  told  me  if  I  made  up  my  mind,  to  come  there  at  three 
o'clock. 

Col.  F.    Did  you  tell  the  woman  where  you  went? 

W.  I  didn't  tell  her  where  I  wa:i  going.  She  was  in  delicate  health  and 
had  company  with  her  at  the  time.     She  had  a  child  about  a  month  old. 

Col.  F.     Did  you  find  the  place  without  any  trouble  ? 

W.  I  did  not  know  where  Natchez  street  was  but  I  knew  where  Magazine 
street  was  and  I  found  the  place  easily  because  1  can  read. 

Col.  Field.     Can  you  write  also? 

Witness.     Yes  sir. 

Col.  F.     When  you  met  Mr.  Weaver  did  you  ask  him  hiii  name  1 

W.  No  sir.  I  went  right  up  stairs  as  he  had  given  mc  the  dii-ection,  into  his 
ofBce.     I  found  Mr.  Weaver  in  hii>  office. 

Col.  F.     AVhat  time  was  it?/  , 

W.     It  was  about  three  o'clock. 

CoL  F.     How  many  pair  of  stairs  are  there  above  the  ofBoo  ? 

W.     I  think  there  are  two  short  flights. 

Col.  F.     Did  he  go  up  stairs  with  you  ? 

W.     No,  he  sent  his  colored  boy  up  with  me,  and  th.  rr  I  saw  the  girl. 

Col.  F.     Did  you  go  inside  of  a  Voom  ? 

W.     The  girl  took  mc  into  the  bed-room? 

CuL  F.     How  many  bed  rooms  were  there  ? 

W.  I  saw  two  bed  rooms.  It  was  the  front  room  the  girl  took  mc  into.  There 
is  a  large  verandah  in  front  of  the  room  on  Magazine  street.  It  affords  a  view 
of  Natchez  street.  1  walked  out  on  the  gallery  after  it  was  dark.  I  went  out 
through  tli^window  accompanied  by  the  girl.  There  arc  six  windows  in  the  rootn 
I  think.     This  is  the  room  I  went  to  bed  in. 

These  answers  were  given  in  reply  to  close  intorogatories  coDCcrDing  the  po- 
sition of  everything  in  the  rooms.  The  witness  answered  with  great  promptness 
and  collectedness. 


18 

RECOXXOITRISG    THE    MAIN    FACT.-=. 

Col.  Field.     What  time  did  you  go  to  bed? 

V/ituess.  I  do  not  kuow -wliiit  fiiuc  it  wns:  1  liu'l  n<i  tiiuc  piir-.  1  snpj^sn 
i<  was  about  ten  o'clock. 

Col.  Field.     Did  you  li.ivc  smiiixt  wiili  iliy  ^^irl  b'-lory  ^ou  v.-nt  !"  hcl? 

Wifnch^.     No  sir. 

Col.  Fi<'lil.  Did  yim  not  cjil  two  nicJil-  in  lli.il  liuuv..-  iLc  tirtl  dsiy  you  v.out 
there '.' 

Witness.     Vo!-,  1  cat  tea  uud  supper  there. 

Colonel  Field.     Did  Weivor  int  with  you  ? 

Witness.     Ho  did  not. 

Col.   Field.     AVho  cooked  the  supper  .' 

AVitucss.     The  girl  did. 

Colonel  Field.     Where  did  she  coyk  it  ? 

Witness.     She  cooked  it  in  the  kitchen. 

Col.  Field.     Were  .you  with  her  all  the  time? 

Witness.  I  was  down  in  the  kitchen  a  part  of  thf>  time  with  fh»'  girl,  and  n 
part  of  the  time  in  the  dining  room. 

Col.  Field.     When  did  you  get  through  tea  ? 

Witness.     It  was  not  dark  when  I  got  through. 

Col.  Fie!'!.  Did  Weaver  come  into  the  room  Hl'tcr  you  can)o  in  i'lom  tb" 
gallery  ? 

Witness.     Ves,  he  came  in  after  it  was  dark. 

COMING   DOWN   INTO   PAllTICULAKii. 

Col.  Field.     When  you  came  in,  did  you  sit  down  on  the  sofa  f 

Witbeas.  When  I  first  came  in,  I  sat  down  on  the  sola.  I  do  not  know  vibfsf 
I  sat  down  on  when  I  camo  in  from  tlic  gallerj'. 

Col.  Field.     Did  not  Weaver  and  you  ait  on  the  .sofa  together  ? 

"Witness.     No  sir. 

Col.  Field.     Did  you  not  undress  in  that  room  ? 

Witness.    Yes,  and  so  did  the  girl. 

Col.  Field.     Did  you  have  a  night-gown  there  with  you  f 

Witness.     No,  I  had  on  a  chemise  and  petticoat. 

Col.  Field.     Did  the  girl  sleep  in  a  night  gown  ? 

Witness.     No,  she  did  not. 

Col.  Field.     IIow  does  the  bed  stand  ? 

Witness.  The  foot  of  the  bed  was  towarda  the  windows  i]iut  open  upon  the 
gallery. 

Col.   Field.     Were  the  windows  up  ? 

AVitness.  They  were  not  up  at  the  time  I  ^vent  lo  bed.  I -uw  the  girl  ihnt 
them  down. 

Col.  Field.      lIov»  are  tlicy  let  down  ?     J'.y  liaiid  i>r  by  weight  ? 

Witness.     I  am  not  certaiu  which. 

Col.  Field.     Was  there  a  light  in  the  room  when  you  went  to  bod  ? 

Witness.     There  was  a  candle  light. 

Col.  Field.  Did  you  not  engage  in  singing  with  Weaver  before  you  went  to 
bed? 

Witness.     No  sir,  1  did  not. 

SKIRMISHING    DETWEEN   TllK   OUTPOSTy. 

Col.  Field.     How  long  after  you  j:;ot  into  bed  was  it  that  Weaver  got  in  "i 
Witness.     About  an  hour  after. 
Col.  F.      Was  the  light  still  burning? 
Witness.     I  think  the  girl  had  taken  the  caudle  out. 

Col.  F.     Did  not  Mr.  Weaver  ask  you  if  you.  wished    a    liglit    burning   in    liic 
room? 
Witness.     No  sir. 


14 


Col.  I".     Were  you  uwaki-  when  Weaver  come  into  tic  room  to  go  to  bed? 

Witness.     I  was. 

Col.  F.     Did  you  f^ec  liim  yuU  "11"  liis  clothes? 

Witness.     No  sir. 

Col.  F.     Was  the  bed  Miiull '.' 

Witness.     No,  it  wtis  a  large  one. 

Col.  F.     Did  you  tec  him  ivhcu  be  came  to  ihc  bed? 

Witness.     No,  he  was  on  the  opposite  fcido  of  the  gir! 

Col.  F.     Did  you  see  him  wlien  he  threw  himself  into  tbp  ''cd  ' 

Witness.     I  did. 

Col.  F.     Was  there  a  inosr|uito  bar  lo  ilic  bed  ? 

Witne-3.     There  was. 

CoL  F.     Did  you  see  Weaver  raise  the  bar  ? 

Witncs.s.     I  did  not  fee  him  raise  the  bar  until  ho  threw  himself  int'>  tlip  br.l 

UNDEll    THi;    MOSQUITO   IJAR. 

Col.  Field.     AVas  there  room  enough  for  liim  betweeu  you  and  the  girl  7 
Witness,     lie  pulled  the  girl  away  and  threw  Iiimsclf  in  the  middle  of  iho  bed 
Col.  F.     Which  side  vrere  you  on  '.' 
Witncsc?.     1  laid  ou  the  side  of  tlie  bed  next  to  the  hali. 
Col.  F.     Was  he  undressed  when  he  threw  Jiimtclf  into  bed  .' 
Witness.     1  don't  know,  he  laid  quiet  tlicn. 
Col.  F.     Did  he  cover  liimself  ? 

Witness.     No  there  was  only  ouo  sheet  on  the  bed.  , 

Col.  F.     Did  he  get  under  that? 
Witness.     1  don't  know  whether  he  did  or  not. 
fjol.  F.     How  long  did  he  lay  quiot '.'  ♦ 

Witness.     About  an  hour.  • 

Col.  F.      Did  he  not  take  anj*  liberties  during  th^t  timo  ? 
Witness.     No  sir. 

Col.  F.     What  was  your  position  in  the  bed  ? 

Witness.     I  was  lying  on  my  side  vrhcu  he  jjoi  iuto  the  hcd  ;   oy   fa5f>   wns   to- 
ward the  hall,  and  my  back  toward  him. 
Col.  F.     And  how  was  Weaver  lying  ? 
Witness.     I  think  he  was  lying  on  his  side,  facing  lau. 
Col.  F.     Did  he  change  his  position  during  that  time  ? 
Witness.     Not  as  far  as  1  kuow. 

WEAVER'S   JJIGI|   rRlNCIPLFS. 

Col.  Field.     During  that  time  did  he  put  his  bands  over  yc-i  rJ   ai]  '.' 

Witness.     He  did  not. 

Col.  F.     Was  he  touching  you  at  that  time  ? 

Witness.     He  was  not  exactly  touching  me. ' 

Col.  F.     How  long  did  you  lie  iu  that  position  t 

Witness.     For  about  three  cju;ii'ters  of  an  hour. 

Col.  F.     .\t  the  expiration  of  tlic  hour  what  did  Vrca-rcr  do? 

Witness.     He  put  his  hands  under  my  clothes. 

Col.  F.     AVhcn  Weaver  got  into  bed  did  you  git  out '.' 

Witness.     No  sir. 

Col.  F.     What  did  you  do  tlieu  ? 

Witness.  T  said  to  him,  go  to  the  .St.  James.  He  replied,  you  must  think  me 
very  unprincipled  to  do  you  anything  wrong  v.itli  another  woman  in  bed  with 
you,  and  he  swore  by  everything  sacred  he  would  do  nothing  wrong  to  mc. 

Col.  F.     Did  j'ou  not  know  tlierc  w;is  a  bed  in  another  room  ? 

Witness.     1  did. 

Col.  F.     What  did  you  do  when -Weaver  put  his  liand.s  under  your  clu'hcs  1 

Witness.     I  started  up  in  bed  and  struck  him. 


16 

WEAVER    APOLOGISES. 

Col.  Field.     What  did  he  do  then  •; 

Witness.  IIo  apologised.  T  was  afraid  to  get  ohl  oI  bed  tor  t'oui-  he  would 
take  mfl  away  from  the  girl. 

Col.  V.     Did  you  see  any  nnn-  or  wi'apona  in  I  he  room  ? 

Witness.     No  sir. 

Col,  F.     Did  he  th'cateu  you  '.' 

Witness.     Ni  t  then. 

Coi.  F.     Did  he  tell  you  you  t.houi.i  imt  gn  out  of  the  bed? 

Wimrss.     No,  but  he  held  me  by  tbo  i'igh(  arm,  his  arm  being  around  m». 

Col.  F.       How  longdid  you  sit  up  in  bed? 

Witness.     About  fifteen  minutes. 

Col.  F.     Then  what  did  he  do? 

Witness,     lie  put  his  right  arm  nrotmd  mo  ;ind  pull.d  me  down    into    the  bed. 

Col.  F.     How  did  you  lie  then  ? 

Witnes.'s.  1  laid  on  my  side  when  he  jmlled  uk-  down  but  ho  lurned  me  toward 
him  so  that  I  laid  with  my  face  to  him. 

CoL  F.     Did  hn  still  have  his  right  :n"m  around  you  ? 

Witness.     Yes  sir. 

Col.  F.     What  was  ho  doing  with  his  left  arm  ? 

Witness.     IIo  was  doing  nothing  with  it  at  that  time. 

Col.  F.     How  long  did  jou  lie  that  waj'  ? 

Witness      I  laid  with  my  face  to  his  face  about  twenty  minules. 

THE  FIRST  ATTEMPT  AT  RAPE. 

Col.  Field  followed  -with  a  series  of  questions  having  for  their  purpose  to  ob- 
tain from  the  witness  an  explici*  account  of  the  first  and  unsuccessful  attempt  of 
Weaver  to  effect  his  purpose.     Her  answer.s  to  thfsc  were  to  the  following  effect : 

Alter  the  expiration  of  these  twenty  minutes.  Weaver  threw  himself  on  top  of 
me.  lie  then  turned  me  upon  my  back.  I  don'i  remember  whether  he  used  his 
hands  in  turning  nie,  I  was  so  much  excited.  He  lifted  up  Jiiw  clothes  with  one 
..<f  his  hands  and  I  put,  them  down  with  my  hands.  He  let  me  loose  with  his  hand- 
and  leaned  on  my  chest.  H(j  then  lifted  vip  my  clothes  and  I  put  them  down 
again.  I  had  the  free  use  of  my  liands  at  that  time.  He  did  not  hold  them.  He- 
found  I  was  loo  .«(rong  for  him  at  that  time  and  he  used  no  violence.  He  then 
got  off  of  nif*.  I  asked  to  get  out  of  bed  w.r  a  drink  of  water  and  he  would  noi 
let  me. 

Col.  r.      How  did  he  prevent  you  ? 

AViftiess.     He  held  me  still  with  liis  arm  aiouud  my  neck. 

Col.  F.     How  did  you  lie  when  he  got  off  of  you? 

Witney.     I  do  noi  remember  whether  I  laid  on  my  back  or  side. 

THE  SUCCESSFUL  ATTEMPT. 

Col.  Field.     WinU  time  was  it  when  he  committed  the  nipt:  upon  you  ' 

Witness.     Ii  wa.-i  about  daylight;  sufifieiently  so  to  see  a  person  walk. 

Col.  F.     Did  ho  awaken  the  girl  first  ? 

Witness.     Yes,  fir. 

Col.  F.     Did  he  .«peak  to  her  ? 

Witness.     The  girl  got  up  and   ho  said  a  lew  wiud-^  f.i  U^r 

Col.  F.     What  were  his  words  ? 

Witness.     He  said  :   "  You  disobeyed  me.  ' 
.  Col.  F.     What  did  the  girl  do  theia? 

Witness.     She  went  out  of  the  room. 

Col.  F.     Did  you  not  ask  licr  to  stay  ? 

Witness.  1  told  her  not  to  go  out  of  the  room.  Whra  .':he  got  up,  I  said,  "I'll 
g,et  up,  too,"  but  he  v.ou'd  not  let  me. 

Col.  F.     How  did  he  preve0t'you  from  getting  up  ? 

Witness.     He  prevented  me  by  the  hold  he  kept  ou  me 


16 

Col.  F.  How --1(011  nfier  the  girl  Idt  ilic  room  .li'l  Weivci  iu»ike  tl»o  hut  ni- 
tempt '.' 

Witnea:?.     'Die  girl  was  hardly  out  of  llic  ro.mi   whon  ho  threw  himself  on  uif. 

Col.  I^,     IJid  YOU  try  to  get  up  then  ?  0 

Witness.     No,  because  I  could  1101. 

Col.  F.     Vou  m.ade  no  effort  then  to  gfi  up  '.' 

Witness.     I  was  attempting  to  get  up  in  the  hed  nud  lu>  ihrew  mo  down. 

Col.  Y.     Was  tliat  after  he  got  on  you  ? 

Witne*^.-.      No.  it  was  then  that  ho  got  ou  me. 

conjsumm.vtion  of  the  OCTR.VGK. 

A  series  of  pointed  interrogatories  from  the  coini.s»  1  then  elicited  the  following 
description  of  the  rape  from  the  witnee.s. 

He  could  not  do  much  for  some  time,  lie  laid  straiglit  ou  me.  He  h.id  hi.s 
arm  around  me  and  kept  luy  lelt  hand  to  one  side  of  me.  He  lifted  up  my  clothes 
with  his  left  h;ind.  I  put  down  my  hand  but  had  not  tlic  power  to  pul  down  my 
clothes.  I  put  down  my  hand  again,  but  he  laid  so  close  10  my  person  that  1  had 
no  use  ol  it.  When  he  threw  himself  down  on  me  lie  went  between  my  leg.s.  He 
opened  mj'  legs  with  his  left  hand  in  getting  on  me.  .Vfier  he  waijon  me  for  some 
time  I  Install  presence  of  mind.  It  was  at  this  time  the  rape  was  committed,  1 
halloed  for  the  girl.  1  Avas  in  such  agony  and  )i!iin  I  do  not  know  how  long  hti 
remained  on  me.  I  had  halloed  lor  the  girl  before  iliai.  Ho  told  ine  I  might  hallo 
as  phe  had  gone  to  the  adjoining  buildiiig. 

Col.  Field.     What  time  elapsed  before  tlic  return  "f  the  girl  to  the  room? 

Witness.     I  cannot  tell  what  time  as  I  had  lost  ray  presence  of  mind. 
"Col.  F.     HoAV  did  she  return? 

Witness.  Air.  Weaver  laid  in  bed  awhile,  yud  then  go(  u]i  nud  brought  the  girl 
into  the  room. 

Col.  F.      What  was  it  ;)oii  were  halloing.' 

Witnes.-.  I  halloed  for  the  girl  and  I  hnllocl  ;  ••  For  God's  f^ake  lei  mc  out  1  " 
I  recollect  nothing  alter  this. 

At  thi.^  stage  of  the  proceedings,  about  three  oclocU,  the  Recorder  remarked 
that  it  was  getting  pretty  late  and  it  did  not  appear  to  him  that  the  ooun«el 
would  get  through  with  the  witness  for  soiiie  time.  Col.  Field  said  h-:»  thought 
he  could  finish  his  questions  in  a  short  time.  Recorder  Ernerson  paid  that  he  had 
been  sitting  since  nine  o'clock  in  the  morning  and  was  very  much  fatigued  ;  the 
examination  might  be  postponed  until  five  o'clock  in  the  evening  and  then,  having 
eeveial  hours  })eforc  them,  the}'  couM  go  on  with  it  until  was  completed.  The 
counsel  assented  to  this  yirnpositiou  -.md  the  llecorder  declared  the  case  continued 
until  five  o'clock  1'.  M. 

1'0PI;LAR   INDICNATION.  , 

The  crowd  in  the  court-room  now  slowly  unwound  itsolf  i.ui  uf  the  door  and 
down  the  .stairs.  When  it  had  ncarl\  dispor'-ed  into  the  street  and  while  there 
was  but  about  half  a  dozen  people  standing  in  the  hall  on  the  ground  floor, Weaver 
came  down  stairs  a  short  distance  in  advance  of  his  counsel.  There  had  been 
some  very  animated  conversation  among  the  people  in  the  court  room  after  the 
adjournment,  an^I  sentiments  of  deep  indignation  expressed  against  Weaver, 
btit  it  was  not  loud  enough  to  attract  particular  attention  and  the  object  of  if 
himself  was  perhaps  unaware  of  its  oxistence  or  strength. 

AVeaver  had  reached  the  bottom  of  the  stairs  and  was  passing  through  a  knot 
■jf  three  or  lour  gentlemen  in  the  side  hall,  at  the  Lafayette  street  doorway,  when 
<.ne  of  theiii,  Air.  .lames  Beggs,  confronted  him  and  exclaiming;  "Take  that,  you 
damned  old  scoundrel !  "'  slappeil  him  across  the  face  with  the  back  of  his  hand, 
just  as  Weaver  had  looked  up  to  see  Avho  it  was  addressing  him  in  that  manner. 
Weaver  staggered  back  one  .step,  a  look  of  wild  alarm  crossing  his  features,  as  if 
the  thought  had  flashed  upon  him  that  it  was  the  intention  of  the  crowd  to 
execute  lynch  law  upon  him.  Then  turning  quickly  he  started  for  the  door  and  a.s 
he  did  eo  Mr.  Beggs  advanced  two  or  three  "Jteps  and  give  him  a  vigorous  kick  in 


IT 

the  seat  of  his  pnnts  that  seemed  almost  to  lilt  him  off  of  hia  feet.  Weaver 
darted  out  of  tho  door,  turned  quickly  to  tlio  right  and  rau  up  to  St.  (.Charles 
street  at  the  lop  of  his  speed,  t'ol.  Field  adranced  toward  Mr.  liegps  and  m\d  to 
him:  "  I  observed  you,  sir."  Mr.  Beggs  replied  to  him:  "Very  Avell,  ."sir,  I 
suppose  you  did,  "  aud  tlicu  turning  to  the  other  gentlemen,  who  wcro  laughing 
at  the  ludicrous  nature  of  Weaver's  discomfiture,  he  remarked,  rather  excitedly : 
"  The  villain  I  lie  follows  married  ladies  about  the  streets."  (Heferriug,  of  course, 
to  Weaver.) 

Shortly  after  five  o'clock  in  the  evening  Weaver  w.i.'j  in  his  neat  in  the  court- 
room, and  his  counsel  were  present.  Cjitharinc  anv'  her  coimSel  came  in  and 
iSarah  returned  io  her  seat  in  the  clerk's  room.  The  Recorder  was  somewhat  lata 
aud  the  examination  did  not  go  on  until  nearly  six  o'clock.  The  court-room  was 
iust  83  crowded  if  not  more  so  than  in  the  morning  and  tlic  audience  consisted  of 
pretty  nearly  tiie  same  persons.  Col.  field  rcKumcd  his  cros3-cx.imination  Ri 
follows : 

Col.  F.     What  lime  did  you  get  out  oJ'  bed  .' 

Witnees.     It  was  about  five  o'clock  in  the  morning,  a^  we!l  as^l  cm  rcoolicct. 

Col.  F.     Did  you  go  to  bed  after  that'.' 

Witness.     No,  sir. 

Col.  F.     Did  30U  dress  yourself  at  once  .' 

Witness.     1  lialf  dressed  myself  in  the  ucil  room,  and  then  ?at  down,  crying;. 

C.\TIIAlUNIi;  AND  SAI!AK. 

(  ol.  Field.     Where  was  tiie  girl  ? 

Witnesi'.     She  was  fanning  Mr.  Weaver  in  tlie  bed. 

Oil.  F.     Did  you  return  to  the  room  where  Mr.  Weaver  was  in  bed  after  that? 

Witness.     I  was  several  times  in  the  room  after  my  clothes  before  I  left. 

Col.  F.     Wiiat  time  did  you  leave  ? 

Witne*:.''.     1  left  tlie  house  about  two  o'clock  in  tlie  iift<'rnoon. 

Col.  F.     Where  were  you  during  all  that  time  .' 

Witness.  I  remained  most  of  tlie  time  in  the  room  ih^il  the  ;:irl  lirpt  told  r^ie  I 
Bhould  sleep  in. 

f  .ol.  F.     Did  yon  cat  breakfast  in  that  room'.' 

V.'itness.  The  girl  and  myself  took  coffee  in  the  diidng  room,  the  one  next  to 
the  bed  room. 

Col.  F.     Did  you  not  eat  breakfast  there  '.' 

Witness.     1  ate  soda  crackers,  but  did  not  eat  anv  meat,  because  it  v.".ts  Fridnv. 


.\t  this  i>oint  District  .\tlorney  M.  M.  Reynolds,  wlio  had  come  into  liic  couri- 
rooui  but  a  feW  minutes  before  and  ^at  near  the  counsel  for  the  prosecution, 
watching  the  case  with  some  interest,  arose  and  after  excusing  himself  to  counsel 
for  the  mtertiption  proceeded  to  address  the  court  in  vindication  of  tlie  witness 
from  the  extent  to  which  counsel  had  gone  in  cro?3-qucstionin<»  lior.  He  had  n-> 
intention,  lie  said  of  taking  part  in  the  ca«e,  in  fact  he  knew  notliing  about  it 
and  had  dropped  in  out  of  mere  curiosity,  as  "a  looker  on  in  Venice,"  but  he  hod 
observed  the  tendency  of  the  defendant's  counsel  to  go  beyond  legal  limits  in  hi;" 
interrogations.  Uf  what  moment  to  this  case  was  it  wliether  the  girl  ale  only 
^oda  crackers  because  it  was  Friday  ?  Was  tlierc  a  religious  fjuestion  to  be  made? 
l!  was  the  right  of  the  counsel  to  interrogate  the  witness  upon  all  rautiiial 
jjoints  involved  in  the  case  but  he  had  no  right  to  push  them  farther  merely  to 
wound  her  sensibilities  and  embarass  and  annoy  her.  Lawyers  arc  too  apt  to  go 
beyond  their  limits  with  witncss.ses  and  it  is  the  duty  of  the  court  to  interfere  for 
;l)rir  protection.  This  speech,  which  was  a  spirited  one  aud  timely  to  tho  feelings 
of  the  auditory  caused  them  to  forget  the  proprieties  of  tiie  place  and  they  gi-ceted 
Reynold's  words  With  two  successive  rounds  of  npplau.se  whieii  made  tho  officers 
(vy  out,  "order I  order!"  indignantly. 

Col.  Field  replied  in  a  calm  and  measured  tone.  It  was  far  from  his  inlenliun 
or  ilesire,  he  said,  to  wound   tlie  most  seii'^itive  nature  or  to  !i>^k  a  Hinglo  question 


18 

thai  was  uot  nccessnry  aud  pertinent  to  the  case,  but  ho  had  his  duty  inwards  his 
client  to  perform  and  he  should  do  it  unflinchingly  nnd  claim  every  right  that 
belongs  to  counsel  in  a  court  of  law.  His  client  appenrod  to  be  very  unpopular  nt 
the  present  time;  he  had  acted  wrongly,  inexcusably;  he  might  be  a  very  bad  man; 
but  it  does  not  follow  from  that,  by  ilny  course  of  rcasoniug,  that  he  was  guilty 
of  this  charge  of  rape,  and  he  was  entitled  to  as  fair  nnd  a  full  trial  and  to  all 
the  advantages  for  acquitting  himself  that  would  be  accorded  to  anj-  other  citizen 
of  the  community. 

Mr.  Blocker  now  arose  and  took  every  one  in  the  court  by  surprise  by  denying 
the  right  of  Col.  Field  to  be  present  at  all;  denying  the  right  to  cross  question 
the  State's  witnesses  or  to  introduce  witnesses  for  the  defence.  He  went  into  an 
elaborate,  able  and  very  interesting  argument  to  prove  that  a  comniittinj; 
magistrate's  duty  was  simply  to  take  cx-parte  testimony  and  to  judge  upon  tiiat 
whether  there  was  sufficient  evidence  against  an  accused  party  to  warrant  his 
commital  for  trial  before  a  competent  court  of  jurisdiction. 

Up  to  the  time  of  Philip  and  JIary,  said  he,  the  defendant  had  no  right  to 
counsel  in  his  bel^alf,  the  court  being  considered  his  counsel.  A  Recorder's  court 
is  a  statutory  court  and  its  duties  and  powers  arc  fixed  and  limited  by  the 
legislative  enactments  on  the  subject.  Ho  read  from  the  8tatc  Statutes  to  pi'Qvc 
that  nothing  was  said  about  admitting;  testimony  for  the  defence  in  preliminary 
examinations  and  therefore,  as  this  court  has  no  powers  except  those  fixed  bylaw, 
it  could  not  admit  exculpatory  evidence.  Coming  down  t'j  the  case  in  (juestion, 
Mr.  Blocker  referred  to  its  features  digressively  and  li\unclicd  forth  into  a  severe 
philippic  against  the  accused,  which  brought  forth  a  storm  of  applause  from  the 
auditory.  The  officers  of  the  court  shouted,  "order!  order  1  "  and  Lieutenant 
Boylan  directed  the  arrest  of  one  of  the  applauders  as  an  example  to  the  rest  and 
a  warning  to  them  to  observe  decorum  for  the  future.  The  party  arrested  was 
Mr.  M.  J.  Brcuau.  He  Avas  taken  down  stairs  and  locked  up  but  in  a  few  minute.", 
afterwards,  upon  the  application  of  several  of  his  friends,  llecorder  Emerson  wrote 
an  order  for  his  release  and  he  was  set  at  liberty.  This  'little  incident  had  the 
desired  effect  and  after  that,  throughout  the  whole  proceedings,  there  was  perfect 
order  maintained  and  no  uttered  exprc.'^sion  of  feeling. 

AYhen  Col.  Field  arose  to  reply,  Mr.  Blocker  denied  even  liis  right  to  speak  in 
answer  because  he  claimed  that  under  the  law  he  had  no  right  to  be  there  at  all. 
This  led  to  sharp  and  spicy  interchanges  between  the  counsel  which  are  no  part 
of  the  history  of  the  case  at  issue.  Recorder  Emerson  decided  that  Col.  Field 
could  reply  to  the  law  quoted  against  him  and  he  did  so  in  a  speech  of  considerable 
length,  quoting  as  his  main  point  Justice  Preston's  decision  on  the  appeal  to  the 
Supreme  Court  from  Judge  Bright's  Court,  in  which  that  magistrate  had  refused 
to  take  down  the  testimony  for  the  defence  in  writing  but  was  required  to  do  so 
by  the  decision  of  the  Supreme  Bench. 

The  District  Attorney  had  left  the  court-room  and  did  not  take  part  in  this 
argument  but  Mr!  Blocker  replied  to  Col.  Field,  taking  the  ground  that  a  new 
constitution  had  been  framed  since  the  decision  of  Justice  Preston  had  been  given, 
and  that  anyhow  it  could  only  govern  Justices  of  the  Peace  and  had  no  relation  to 
Recorders'  Courts  which  had  been  organized  for  special  purposes  in  the  parish  of 
Orleans  only,  by  the  State  Legislature.  It  was  now  about  nine  o'clock  and  it  was 
agreed  that  as  Col.  Field  had  but  a  few  more  questions  to  ask  the  witness  he 
coidd  do  so  then.     The  cross-questioning  then  continued. 


CO^ICLUSION  OF  HER  TESTIMONY. 

Col.  F.     After  you  left  the  room  where  did  you  go  ? 

Witnes.s.  To  tlie  dentist's  on  Canal  street,  being  followed  by  Mr.  Ueavcr's 
brother. 

Col.  F.     Bid  you  say  anything  about  this  aflair  to  the  dentist  ? 

Witness.  No,  sir.  lie  insisted  upon  my  telling  him  what  was  the  matter  Avith 
me,  but  1  refused. 


19 

» 

Col.  r.     Did  you  look  ia  at  Mr.  Weaver's  office  in  going  out  1 

Witness.  I  passed  the  office  of  Mr.  Weaver  in  going  out  of  the  house.  1  saw 
;;entlemen  in  the  office  next  to  his  ? 

t.'ol.  F.     Were  you  never  in  Mr.  Weaver's  office  before  that  Thursday  T 

AVitness.     Never,  sir. 

Col.  Field.     Why  did  you  go  into  the  dentist's  office  '.' 

Witness.  I  went  in  there  to  avoid  the  brother  of  Mr.  Weaver.  1  was  afraid 
of  him.  I  did  not  want  him  to  follow  rae  to  where  I  lived.  I  did.  not  wish  to 
he  disgraced. 

Col.  F.  Did  you  know  at  the  time  that  the  man  following  you  was  Mr. 
Weaver's  brother? 

Witness.  I  did  not  know  it  was  Mr.  Weaver's  brother  until  the  officer  pointed 
him  out  to  me. 

Col.  Field.  Did  you  not  borrew  a  chemise  from  the  girl  who  staid  in  tJie 
house  ? 

Witness.     No  sir. 

Col.  Field.     Did  you  show   your   chemise    or    tmderclothing  to  any    of  your 
female  acquaintances  that  day  ? 
•Witness.     I  did  not. 

Col.  Field.     W^ho  washed  your  clothes  ? 

Witness.     I  washed  my  own  clothes. 

Col.  Field.     Where  did  you  wash  them  ? 

Witness.     At  the  place  where  I  lived,  on  St.  Louis  street. 

Col.  Field.     Did  you  not  ask  Mr.  Weaver  for  some  money  * 

Witness.     Xo  sir,  I  did  not. 

Col.  Field.  Have  you  ever  spoken  wiih  any  person  whatever  on  tlie  lubjeet  of 
obtaining  money  from  Mr.  Weaver  '' 

Witness.     No  sir,  never. 


The  Court  now  adjourned  to  Friday,  July  oth,  at  five  o'clock.  P.  M.  The 
Weavers  and  Sarah,  it  appears,  were  afraid  to  trust  themselves  again  among  the 
crowd  in  going  home  from  court  after  Weaver's  little  contretemps  in  the  lowei- 
hall  that  afternoon.  They  passed  down  by  the  back  staircase  into  the  lockup  and 
applied  to  Lieutenant  Boylan  for  protection.  \  number  of  officers  offered  to 
escort  them  home,  and  did  so,  although  there  was  no  sign  o!'  any  demonstration 
against  their  safety. 

On  Friday  evening  all  parties  were  again  in  the  court  room  and  this  time  tlie 
crowd  and  their  intense  eagerness  to  hear  every  word  of  the  testimony  were 
greater  than  ever.  They  could  not  be  kept  in  their  seats  but  edged  up  toward  the 
witness  stand  until  the  front  rank  were  leaning  against  Jhc  back;*  of  the  lawyers' 
chairs.  The  case  for  the  State  being  concluded  Sarah  McNeil  was  brought  up  to 
give  her  testimony  for  the  defense.  She  was  as  cool,  collected  and  unmoved  as 
Catharine  and  gave  her  testimony  in  as  straight-forward  and  assured  a  manner. 
She  was  quite  as  prompt  and  ready,  only  hesitating  when  she  was  pressed  as  to 
what  she  was  hired  for  and  what  she  Avas  doing  for  Weaver,  evidently  not  wishing 
to  acknowledge  so  directly  tliat  she  was  his  mistress.  Deinp;  duly  sworn  s!ie 
deposed  as  foWows  : 


S.VRAPI'S  ID?: A  OF  THE  CASE. 

Col.  Field.     What  is  y«ur  name  V 

Witness.  Sarah  McNeil.  (She  writes  ii  ••  Sarah  M^ackueal,'  hu  evidence  tC 
its  not  being  genuine,  as  even  illiternte  persons  who  can  write  iheir  own  namn, 
.almost  invariably  write  it  correctly.) 

Col.  F.     Where  do  you  livo? 

Witness.     .\t  the  corner  of  Natchez  and  Magazine  fct reels. 

Col.  F.     How  long  have  you  lived  there  ? 

Witnelg.     Hince  March  last. 


20 
* 

Col.  F.     Do  you  know  the  prosecutrix  in  this  cnse  !■ 

Witness.     I  do. 

Col.  F.     When  did  jou  eee  her  lirst ': 

Witness,  it  wa.s  on  a  Thursday,  nhout  thn-o  •»  cKn-k,  ni  ihc  coriu'i-  vi'  Niitchei 
Slid  MftRftzine  sirccts,  up  stairs,  when'  T  live. 

Col.  F.     What  did  she  sny  there? 

Witness.  8hc  said  to  me  that  shi'  was  j^oin;/  id  «(;iy  ^iih  a  jtoiiiloraan  who 
v.anted  .1  jrirl, 

Col.  1'.     I'id  (she  take  dinner  and  .•»iipper  tiiere  '. 

Witness.     She  did.     The  pfcntleinnn  •vvns  in  and  out  on  several  occnMioi:?. 

Col.  F.     What  pentlenmn  V 

WitneH.M.     Mr.  Weaver. 

Col.  ¥.  Dill  you  observe  tlie  conduct  ol'  .Mr.  Weaver  and  Cathariue  I.nlienny 
tlint  eveninc'.'     If  you  did,  state  to  the  court  what  you  saw. 

WHAT  SAli.Vn  SAYS  OF  CATilARINi:. 

Witness.  .Mr.  Weaver  sat  oa  the  sofa  and  Catharine  sat  beside  him,  and  he 
»ang  a  little  song,  .lud  she  leaned  her  head  on  his  shoulder,  and  she  put  her  arm 
around  his  neck,  and  he  put  his  arm  around  her  waist.  Air.  Weaver  asked  Cath- 
.irinc  tn  kiss  him  and  .she  kissed  him.  Mr.  Weaver  kis.sed  Catharine.  They  were 
laughinj;  and  fooling  on  the  sofa  till  about  dark.  About  dark  .Mr.  Weaver  went 
out  and  did  not  conic  home  until  about  nine  o'clock.  We  were  both  in  bed  and 
left- the  light  burning.  Mr.  Weaver  sat  down,  conversed  a  little  while  and  san.r^ 
another  little  song.  Wiicn  he  was  ready  to  come  to  his  bed  he  asked  Kate  if  he 
would  ])lov>  out  the  light.  She  said  yes,  she  preferred  sleeping  in  a  dark  room. 
Jle  came  to  bed  and  got  in  the  middle.  Catharine  made  no  objection,  but  was 
tickled  to  deatli.  In  the  morning  I  got  up  and  left  theja  both  in  bQd.  They  were 
lying  close  together,  face  to  face,  and  in  each  other's  arms.  They  staid  in  bed 
until  about  twelve  o'clock;  then  they  both  got  up.  Kate  and  mo  ate  breakfast 
together.  .\t  the  breakfast  tabic  Kate  said  to  mo  she  would  get  seven  dollars  out 
of  the  old  bugger.  She  told  me  not  to  stay  there,  to  go  with  her.  She  told  me 
she  was  acquainted  with  a  young  man  who  told  her  he  would  take  a  house  up  town 
if  she  would  live  with  him.  That  she  would  not  sleep  with  any  ihan  for  less  than 
I  wo  dollars  and  a  half,  as  it.  vould  spoil  the  business  of  other  girl.". 

Col.  Field.     IIow  long  did  she  slay  ? 

Witness.  8he  staid  until  about  two  o'clock  on  Fridav,  bid  me  good  evening  and 
left. 

Col.  F.      In  which  room  did  you  slcv'p  .' 

Witness.  I  slept  in  the  front  room  on  the  corner  of  Magazine  and  Natchez 
streets.     W'c  all  slept  there. 

Col.  F.     llow^  many  widdows  has  that  room  7 

Witness.     Six. 

Col.  F.     Do  the  windows  open  on  the  gallery  ? 

Witness.     They  do. 

Col.  r.     Were  the  windows  down  or  up  that  night  ? 

Witness.     They  were  up. 

Col.  F.     Where  was  Mr.  AVcaver  when  the  girl  went  awny  ?  , 

Witness.     He  was  down  stairs  in  his  ofiice. 

This  concluded  the  examination  in  cliief  and  the  wUno.-a  wni  turned  over  to 
the  counsel  for  tlie  prosecution  for  the  purpose  of  a 

CKOSS-EXAMINATION.* 

Mr.  Coleman.     How  old  arc  you,  Sarah  V 
Witness.     I  am  sixteen  years  of  age. 
Mr.  C.     Have  yo)i  any  parents  or  guardians  in  the  I'ity ' 
Witness.     No,  sir. 

j\Ir.  Coleman.     Have  you  not  an  aunt  or  an  uncle  '/ 

\S'itnes3.  Neither  aunt  nor  uncle.  X  h.avo  a  Bister  living  »omcwherfe,  but  I 
don't  knov.'  where  ehe  ie.     I  have  not  Eecn  her  since  I  was  six  years  old. 


21 

Mr.  C     Where  were  you  born ". 

Witness.     I  was  born  and  raised  in  this  ciiy. 

Mr.  C.     Where  were  you  living  before  you  went  to  Mr.  Weavers  .' 

Witness.  I  lived  at  the  corner  of  Bacchus  and  Thalia  streets,  with  Mrr?.  Arm?: 
-Mrs.  Amies  stays  Avith  her  mother.     I -^a  there  as  one  of  the  fnmilj'. 

^Ir.  C.     llow  long  did  you  remain  there  ? 

Witness.     Eight  weeks. 

Mr.  C.     Where  did  you  live  before  that '.' 

Witnes".  On  Felicity  road,  between  liarchwK  and  Uryadex'  streel-j  with  Mrs. 
French. 

Mr.  ('.     Wliat  were  you  doing  there  .' 

Witness.     I  was  doing  house  work. 

Mr.  C.     How  long  were  you  there  .' 

Witnes.''.     Three  months. 

Mr.  C.     Where  were  you  liefore  that. 

Witness.     I  was  with  Mrs.  and  Mr.  Creusiiaw  fin-  ciyht  yenv  in  Jetfer.^on  City. 

Mr.  C.     What  business  is  Mr.  Prenshaw  in  '.' 

Witness.     lie  is  r.,  carpenter. 

•Mr.  C.     What  were  you  doing  there  . 

Witness.     I  was  living  there  as  one  of  the  family. 

Mr.  C.     Were  you  there  under  wages  ? 

Witness.     No,  I  was  onlj-  getting  my  clothes. 

Mr.  C.     How  old  were  you  when  your  molher  and  father  died  f 

Witness.     I  w.as  seven  years  old. 

Mr.  C.     .\re  these  the  only  jjlaces  you  were  ever  in  .' 

Witness.     The  only  ones  except  Mr.  AVeaver's. 

-Mr.  C.     Were  you  ever  in  the  House  of  llefuge  ? 

Witness.     No. 

HOW  S.VRAH  (.;0T  INTO  Wli.WKRS  HOUSE. 

Mr.  C.     How  did  you  come  to  go  to  Mr.  Weaver's  ? 

Witness.  I  met  a  woman  named  Jane  on  (he  street  while  I  was  looking  tor  u 
place,  and  she  lirst  brought  me  there. 

Mr.  C.     Where  did  j-ou  meet  this  woman  '.' 

Witness.     It  was  about  .Second  street. 

Mr.  C.     Did  she  accompany  j-ou  to  Weaver' ,s  house  ! 

Witness.     She  did. 

Mr.  C.     Did  she  go  into  the  hou.se  with  you  '.' 

AVitness.     Yes. 

Mr.  C.     Did  she  introduce  you  to  Mr.  Weaver? 

Witness.  She  took  me  up  stairs  into  the  room  acd  f  saw  Mr.  Weaver  there. 
She  remained  there  with  me. 

Mr.  C.     How  long  did  she  remain  there  'i 

Witness.  She  remained  there  for  two  weeks  :Mter  1  went  (o  the  house  and  then 
left. 

Mr.  C.     Was  the  girl  living  there? 

Witness.     She  was. 

Mr.  C.     What  was  her  name  V 

Witness.     The  only  name  I  ever  knew  for  her  wa.^  Jane. 

Mr.  C.     Where  is  she  now  ? 

Witness.     I  do  not  know. 

Mr.  C.     How  old  was  she  ? 

Witness.     She  was  a  woman,  I  think,  of  aboui  thirl}'  years  of  age. 

Mr.  C.     What  was  she  doing  there? 

Witness.    She  was  living  in  the  house  and  doing  the  work  of  Mr.  Weaver 

Ml".  C.     What  kind  of  work. did  she  do  for  Mr.  Weaver? 

Witness.     She  cooked  two  meals  a  day  for  him  while  she  was  thera. 

Mr.  C.     Is  that  all  the  work  oho  did  for  him  V     „ 


{ 


22 

Witness.     That's  all  the  work  slie  did  lor  Mr.  Weaver  t'x<'0|.i    wiiii   she  did  lor 
herself. 

Mr.   ('.     Who  did  yoiir  .sewing'.' 
Wiiuess.     I  sewed  my  own  clot  lie.-. 
Mr.  ('.     Did  you  have  a  great  deal  to  ^i  .' 
Witness.     No,  I  did  not  have  much  to  ". 

WHAT    .S.VR.VII    IS    HIUKD    IttU. 

Mr.  <'.    Wliat  are  you  hired  for  '.' 

Witness    I  am  liircd  to  cook  two  meals  a  day  and  to  dean  up  the  liou.-ie. 

Mr.  C.    When  the  Avoman  Jane  was  there,  where  did  yon  .'deep  ? 

W'itness.    She  slept  in  the  kitchen  I 

Mr.  C.    Where  did  you  sleep  '.' 

Witness.    I  slept  witli  Mr.  Weaver. 

Mr.  C.   Are  you  married  to  Mr.  Weaver  ? 

Witness.   No,  I  am  not. 

Mr.  ('.    IIa,ve  you  slept  in  the  same  be'l  ever  siiun-? 

Witness.   I  have. 

-Mr.  C.  Have  other  women  subseqnenlly  slejit  in  tlie  same  hod  witli  Mr.  Weaver 
and  yourself? 

Witness.    Yes,  two  or  three  have. 

Mr.  C.  Did  j'ou  goto  bed  voluntarily  v.iih  Mr.  Wcuvi-r  tlie  first  iin;e,  or  were 
you  force<l  )>y  him  ? 

Witness.    I  went  voluntarily  into  bed  witli  hiui. 

Mr.  C.    Have  you  staid  witli  any  other  man  before  you  did  witli  Mr.  Weaver'.' 

I'ol.  Field.    1  object  to  that  question. 

Mr.  ('.  I  waive  it  then.  (To  the  witness:)  When  Cathniliie  came  to  tlie  house 
did  she  not  enquire  of  you  the  character  of  the  place? 

Witness.  No.  She  told  me  she  was  going  to  stay  there.  .She  did  not  ask  if  ii 
w  as  a  proper  liouse. 

Mr.  C.  Have  you  not  feltjoalou.s  towards  the  oilier  girls  wliom  Weaver  brought 
into  bed  with  you? 

Witness.  Yes,  I  was  jealous  of  Kate  (meaning  the  prosecutrix  )  and  aiiolhei- 
girl. 

Mr.  C.  Now  tell  me,  liavc  you  not  had  conversation  with  Mr.  Weaver  since  liis 
arrest  about  this  case?     licraember,  j'ou  are  under  a  solemn  oath  ! 

The  witness  glanced  around  towai'd  Weaver,  who  was  sitting  in  front  and  a  littlo 
10  the  right  of  her,  beside  liis  counsel,  but  Mr.  Coleman  at  once  perceived  her 
straying  glance  and  qurckly  and  empliatically  said  :•'  Don't  look  at  Mr.  Weaver. 
Answer  me  that  (jueslion,  and  remember  (hat  you  are  under  oath  1"'  Sarah  im 
mediately  returned  her  g.ii-.e  steadly  upon  Mr.  Coleman's  eyes  and  answered 
lirmly :"  No  I" 

SHE  NEYEll  SI'OKK   OF  TllH  ("ASK. 

Mr.  C.  Have  you  ever  lind  any  conversation  with  any  other  person  about  this 
case  ? 

Witness.  (For  the  first  time  appearing  annoyed,  and  in  n  slightly  peevisli  tone.) 
No  !  I  tell  you. 

Mr.  C.     Since  the  arrest  of  Weaver  have  you  been  st.ayiiig  Willi  liim? 

Witness.     Yes,  I  liave, 

Mr.  C.    And  sleeping  in  the  same  bed  with  him  ? 

Witness.     Yes. 

Mr.  C.  And  has  he  never  referred  to  this  ca.so  or  mentioned  a  word  about  it  to 
you  while  you  were  in  bed  together  ? 

Witness.     No. 

Mr.  C.  Since  his  arrest  lias  he  nouleyou  any  prcoiils  or  promised  you  any,  or 
offered  you  any  reword  ? 

Witness.     No. 


23 

Mr.   (.'.      Uns  be  given  you  any  money  whatever,  or  an\' jeweli  y  or  flresFoa  ? 

Witness.     No. 

Mr.   C.     Do  you  intend  to  continue  staying  with  him? 

("ol.   Field,     i  object  to  that  question. 

Mr.  C.  Well,  I  waive  it  of  course.  (To  the  witness.  :)  ifavc  you  ever  stated 
to  any  one  that  you  were  bound  to  testify  to  whatever  Mr.  Weaver  directed  you 
to  do?  ' 

Witness.     No. 

Mr.  C.  Did  you  not  tell  Cnthariue  that  she  was  not  the  first  woman  ruined 
in  that  house  ? 

Witness.     No,  Mc  did  not  speak  of  anything  of  the  kind. 

Mr.  C.  Have  you  not  stated  to  Mr.  Aleck  Moynan,  an  officer  of  this  court, 
that  you  were  bound  to  tell  anytliing  that  Mr.  Weaver  told  you  to,  that  would  get 
him  out  of  this  difficulty  ? 

AMtncss.     No. 

Tho  cross-examination  of  Sarali  being  concluded,  Recorder  Emerson  announceil 
that  he  .should  continue  the  case  until  Monday,  July  8th.  at  four  o'clock,  ]\  M.. 
punctually.  

Monday  afternoon  cnnic  and  the  ci'owd  in  the  llccorder's  Court  was  greater  than 
ever.  It  was  useless  to  attempt  to  hold  the  outer  gate  after  the  seats  were 
all  occupied:  so  man}' poured  up  against  it  accosting  the  officer  with  the  swcctesi 
of  smiles  and  the  most  insinuating  pica  for  admittance  one  by  one  that  liis  heart 
melted  before  them  ami  soon  the  whole  room  was  packed  with  the  people,  while  a 
militarj'  company,  in  full  strength  and  accoutrements,  blocked  up  the  upper  win- 
dow that  opens  upon  the  passage  leading  to  the  drill  room  above  stairs.  The 
weather  Avas  of  tho  hottest  description  imaginable,  and  the  perspiration  almosi 
steamed  otf  of  the  curious  ci'owd  and  arose  to  the  ceiling  in  any  but  fragrant 
clouds.  Handkerchiefs  were  decidedly  at  a  premium  and  they  could  be  seen  in 
every  style  and  variety  through  the  swaying,  living  mass,  traversing  and 
re-traversing  the  sweaty  brows,  checks  and  necks  of  their  boiling  owners.  AVifh 
their  quickly  accumulating  moisture  they  were  soon  iu  the  same  state  that 
Catharine  describes  her  night  clothes  after  flying  all  night  in  Weaver's  fiery 
embrace.  Allhough  the  case  had  been  set  for  four  o'clock,  it  was  after  five  when 
Recorder  Einerson  made  his  appearance  and  took  his  seat. 

The  counsel  for  the  prosecution  had  given  the  court  a  long  list  of  witnesses, 
including  some  of  our  first  citizens,  to  be  subpoanad,  that  their  evidence  could  be 
taken  ou  this  occasion  as  rebutting  testimony,  to  prove  that  Sarah  was  nothing 
more  than  a  common  little  strumpet,  and  thus  destroy  any  weight  that  might 
attach  to  her  storj'.  AYliich  of  these  witnesses  were  to  prove  such  a  character  for 
Sarah  or  whether  any  or  all  of  them  were  to  do  it  will  not  be  positively  asserted 
here.  The  nature  of  their  evidence  will  be  seen  when  they  are  called  up  in 
in  court  to  testify.  The  Recorder  having  directed  their  names  to  be  called  they 
were  told  off  by  the  clerk,  as  follows : 

Mr.  Finley,  Mr.  Bloom,  Mr,  X.  Lambert,  Mr.  ('ommagero.  Mr.  D.  E.  Morphv, 
Mr.  M.  J.  Brenau,  Mr.  Crickard,  Lieutenant  Eoylan,  Mr.  Couris,  Dr.  Moss, 
Mr.  T.  yi.  PeMott,  Mv.  Montgomery  W'atson,  Mr.  Joseph  Ross,  Mr.  Robt.  Meyer, 
Mr.  Victor  Savage,  .Mr.  Robert  Ayles,"  Mr.  A.  McMahon,  Mr.  L.  Fillev, 
Mr.  F.  Ciieler,  :Mr.  N.  M.  Benechi. 

Of  this  number  only  three,  Messrs.  Finlej',  ]>renan  and  Ross,  answereiK 
\  general  look  of  surprise  was  evident  upon  the  countenances  of  the  auditors. 
That  one  or  two  should  be  absent  would  not  have  seemed  strange,  but  that  out  of 
twenty  witnesses  summoned  seventeen  sliould  have  refused  to  obey  the  order  was 
really  surprising.  AVhat  reason  could  they  have  had  for  i-taying  aAvay?  It  was  a 
case  in  which  a  man's  life  hung  upon  the  result. 

After  some  explanation  between  Mr.  Coleman,  tlic  Recorder  and  the  clerk  as  lo 
the  manner  in  which  the  witnesses  had  been  served  with  the  subpoena,  Mr.  Colemau 
.asked  for  attachments  to  bring  into  court  Messrs.  F.  Cooler  and  N.  M.  Benechi, 
as  he  said  they  were  very  important  witnesses  for  him.  The  Recorder  directed 
the  clerk  to  make  out  the  necessai-y  attachment,  when  Col   Field  arose. 


24 

Ue  remarkeil  that  he  had  certainly  understood  the  prosecutiou  had  closed  with 
their  evidence  on  Friday  evening,  and  consequently  it  would  not  be  proper  to  ad- 
mit more  teatimony  in  chief  for  them.  They  could  only  introduce  rebutting  tes- 
timony at  this  stage  of  the  caao.  If  the  witnesses  whose  names  had  been  called 
were  for  the  purpose  of  contradicting  or  invalidating  Sarah's  evidence,  then  they 
would  be  ndmissuble. 

Mr.  Coleman  replied  ihat  they  had  a  right  to  introduce  rebutting  testimony  at 
nuy  btagc  of  the  case,  and  lhat  all  of  the  witnesses  who«c  names  he  had  handed 
in  were  for  that  purpose. 

WEAVER  .VB.VNDONS  THi:  CONTEST. 

(.^ol.  Field  tiieu  arose  and  spolcc  to  the  following  eflcct :  "To  make  a  short 
story  out  of  a  long  one  ;  and  to  relieve  your  Honor  from  b'ing  further  taxed  in 
this  case,  which  has  been  prot railed  to  f-uch  an  unexpected  length,  and  which  it. 
.'•ppears  the  gentlemen  propose  to  make  still  more  lengthy,  I  will  ask  your  Honor 
10  commit  (he  accused  for  trial  before  the  First  District  Court.  This  will  place 
the  case  at  once  before  the  final  tribunal  in  the  matter,  and  1  do  it  to  save  lime, 
not  that  1  have  the  least  doubt  of  what  the  i-esult  would  be  in  this- court." 

This  unexpected  and  sudden  termination  of  the  examination  took  every  one  by 
•uprise  and  there  was  a  dead  pause  for  about  a  minute  which  was  broken  by 
Mr.  Coleman" .s  remarking:  '•  AVell,  wc  are  satisfied,  of  course.  "  The  Recorder 
said:"  Well,  I  suppose  if  there  is  probable  cause  I  am  bound  t)  commit  him  for 
trial.'  Mr.  Coleman  intcr]iOsed  that  if  the  accused  v.ns  isnxious  to  avoid  the  re- 
liuttiiig  testimony,  whicli  would  crush  out  every  vestige  and  hope  of  the  defence, 
they  were  perfectly  at  liberty  to  waive  a  further  examination.  Col.  Field  replied 
that  he  was  not  at  all  alarmed  at  the  array  of  witnesses  bi-oughl  forward  by  th',* 
prosecution  but  the  accused  would  bo  more  s.atisficd  by  a  complete  vindication  of 
himself  before  the  hnal  tribunal.  Mr.  Blocker  remarked  that  he  approved  of  his 
friend's  coui-se  highly  in  bringing  to  a  close  this  investigation  which  wa?  exciting 
the  public  mind  to  so  high  a  pitch  against  his  client  as  every  further  dcvelopc- 
mcnt  came  out.  Col.  Field  answered  rather  tartly  that  he  did  not.  care  one  iol;i 
v.hat  the  opinion  of  the  gentleman  was  in  the  matter  :  he  had  ncfed  without  any 
regard  to  the  obtaining  of  that  gentleman's  approval. 

WEAVER   HAS   TO  GO   TO    PRISON. 

■Jhe  Recorder  here  obsei'ved  :  "I  commit  the  accused  for  trihl  before  the  First 
District  Court."  Col.  Field  rem.arked  :  "  Please  endorse  the  paper  as  having  done 
so  at  the  request  of  the  counsel  for  the  accused."  Mr.  Coleman  then  inter- 
posed :  "If  your  honor  does  so,  please  add:  and  with  the  consent  of  the 
counsel  for  the  prosecution."  Col.  Field  did  not  see  what  their  consent  had  to 
do  -with  it.  If  he  chose  to  waive  the  examination  he  rould  do  so.  Mr.  Colciftau 
said  it  had  all  to  do  with  it.  They  had  rebutting  evidence  to  olf..-r  and  it  was 
their  right  to  present  it  then  if  they  chose.  They  had  three  witnesses  present 
but  have  waived  the  examination  ot'  them.  The  Fiecorder  endorsed  (he  aftldavil 
as  requested  by  both  parties.  • 

Col.   F.     What  is  the  amount  of  bail  your  honor  deems  tiocr^-sary  : 

llecorder  E.     1  cannot  admit  Mr.  Weaver  to  bail. 

(.'ol.  F.   (with  a  slight  exhibition  ol   astonishment.  !     Wliy,  yuiir  hi.nur  linKth" 
wax'rant  of  Judge  Collens  to  do  so. 
•  Recorder  E. "  I  will  read  you  tlie  order  of  tlie  First  District  Court,   i  He  reads  it) 

Now  if  I  commit  him  for  trial  it  is  evident  that  there  must  be  presumption 
sufficient,  therefore  1  do  not  feel  authorized  to  admit  him  to  bail.  He  must  go  tn 
prison  to-night  and  you  can  take  means  for  his  release  by  habeas  corpus  or  <i)h<^r 
jiicans  to-morrow. 

Mr.  Weaver  was  uow  called  within  the  bar  of  the  court  and  taken  charge  of  by 
the  officers,  while  the  crowd  in  the  courtroom  slowly  dispersed,  evi.lentiy  disap- 
pointed at  not  hearing  some  more  witnesses.  ,_ 

This  is  the  end  of  the  case  for  a  number  of  months  at  least,  as  the  First  District 
Court  stands  adjourned  for  the  summer  and  there  are  a  number  of  other  cases 
before  it  on  the  docket  for  the  fall  terra. 


ff4.<.. 


